11273763
Description
Flashcards by Stuart Halford, updated more than 1 year ago
|
Created by Stuart Halford
over 6 years ago
|
|
| Question | Answer |
| Under what section of the Criminal Justice Act (1988) are both assault and battery charged? | Section 39 |
| Define an assault. | An act which causes the victim to apprehend the infliction of immediate unlawful personal violence or recklessness as to whether such fear is caused. |
| What is the name and date of the case that proved assault could be verbal or written after the D had written 800 letters and made a number of phone calls? | R v Constanza (1997) |
| What was decided in the case of R v Lamb (1967)? | That pointing an unloaded gun at someone who knows it is not loaded is not an assault. |
| Outline the details of the case in Smith v Chief Superintendent of Working Police Station (1983) | D breaks into garden and looks through V's window. D not able to attack at the immediate moment but she was frightened. Her fear was sufficient to prove assualt |
| What are 4 possible ways that an assault might be committed? | Raising a fist Throwing a stone at a victim which just misses Pointing a loaded gun at someone within range Making a threat |
| Define the key term battery. | The application of unlawful force to another person intending to either apply force to another or being reckless as to whether unlawful force is applied. |
| What is the case that proves force can be the slightest touching. Where two police officers saw two women apparently soliciting and asked the appellant to get into the car for questioning. The officer takes hold of her as she tries to walk away. | Collins v Wilcock (1984) |
| Outline the case of Wood v DPP (2008) | Police received a report a man named Fraser had thrown ashtray at another in a pub. The police sa a man who fitted description - one officer took hold of his arm. W struggled at which point he struggled and tried to pull away. |
| Which case demonstrates a battery can be committed through a continuing act? | Fagan V Metropolitan Police Commissioner |
| DPP v K (1990) which involved the schoolboy with the sulphuric acid placed in the hand drier is a way to demonstrate what? | An indirect act. |
| How was the D guilty of a battery by way of omission in the case of DPP v Santa-Bermudez (2003)? | The D was under the assumption of a duty of care. |
| What section of the OAPA 1861 defines "actual bodily harm"? | Section 47 |
| What is the definition of actual bodily harm as stated in Miller (1954)? | "Any hurt or injury calculated to interfere with the health or comfort of the victim" |
| Outline the case of R v Roberts (1971) | D driving a car - made advances to girl in passenger seat. Fearing a more serious assault jumped from car. Slightly injured D found guilty of assault occasioning actual bodily harm. Intended to apply unlawful force when her touched. |
| D threw beer over another woman. Glass slipped from hand and V's hand cut. Had not intended injury or realised a risk. Convicted of s20 but CoA quashed and substituted s47. Appealed but dismissed. Fact she had intention to apply unlawful force. | R v Savage (1991) |
| What is the name of a s20 offence under the OAPA 1861? | Malicious wounding/inflicting grievous bodily harm. |
| In what way is the offence similar to a s47? | Has the same maximum sentence despite the fact an s20 is seen as more serious. |
| What is the sentence for s20 and how is it triable? | 5 years Triable either way (Magistrates or Crown Court) |
| What must be proved? | Wounding Inflicted Grievous Bodily Harm and intended some injury caused OR reckless as to whether injury inflicted. |
| What is a wound? | Cut or break in the continuity of whole skin. Internal bleeding does not qualify. |
| What important point did R v Bollom (2004) clarify or introduce. | Severity of injuries should be assessed according to victims age and health. |
| Outline the case of R v Dica (2004) | D had unprotected sex with two women without declaring he was HIV positive - both women became infected. |
| In which case did the D carry out an eight month campaign of harassment which caused he to suffer severe depression? | R v Burstow inflict does not require technical assault or battery |
| Outline R v Parmenter that shows there is no need for defendant to foresee the level of serious injury. | D injured his three month old baby when he threw the child in the air and caught him. Had often done this with slightly older children and didn't realise risk. Convicted of s20 but HoL quash and substitute s47. |
| Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause grievous bodily harm to any person, with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of ... an offence. This describes waht?s | s18 OAPA 1861 Wounding or causing grievous bodily harm with intent. |
| What kind of offence is s18? | A specific intent offence. |
| What mens rea must be proved for s 18 Wounding or causing grievous bodily harm with intent. | Do some grievous bodily harm or resist or prevent the lawful apprehension or detainer of any person. |
| Outline how R v Taylor shows that intention to wound is not enough... | R v Taylor (2009) V found with scratches across face and stab wound in back. Photographs showed scratches no more than surface and depth of wound impossible to gauge. Medical evidence couldn't help determine whether D had intended. |
| What effect does the resisting arrest or preventing an arrest have on s 18? | Level of intention regarding the wound is lower. |
| Police officer seized hold of D and told him she was arresting him. He dived through a window, dragging her with him as far as window and her face was badly cut. CoA held word maliciously must have same meaning in Cunningham (1957). Defendant either intends or is reckless as to risk of injury. | R v Morrison (1989) |
Want to create your own Flashcards for free with GoConqr? Learn more.