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Assault flash cards done

beccytay10r Law English 61 cards

Cards in this deck (61)

  1. 1What is an assault?Where D intentionally or subjectively recklessly caused V to apprehend immediate unlawful personal violence
  2. 2Describe SMITH re. assaultRelates to the immediacy test. Showed an assault can happen through a window, as the V didn't know what the D would do next, the violence could have been 'imminent'
  3. 3Describe IRELAND re. assaultAn assault can occur through a silent phone call as the V doesn't know what the D will do next or where he was, the violence could have been imminent. Occasioned ABH as they had mental anguish.
  4. 4Explain TUBERVILLE v SAVAGE re. assaultShowed words that suggest there will be no violence can prevent an act from being an assault. The words of the D cancelled out the act of holding a sword over the V's head
  5. 5Explain LOGDON re. assaultShowed the V doesn't have to be in real violence or be scared. The D showed the V what appeared to be a real gun (it was fake). It was an assault even though the V wasn't actually in danger
  6. 6What is the definition of battery?Where D intentionally or subjectively recklessly applies unlawful force to another
  7. 7Explain BERMUDEZ re. batteryShowed battery can occur through an omission. Police asked if D had any sharp objects, he lied and the police cut her finger during search. He had a duty of care to protect her from harm and he had created a danger to others
  8. 8Explain FAGAN re. batteryBattery can be a continuing act. D accidentally drove onto police mans foot after being told to move his car, he stayed on the police's foot (ignition off)
  9. 9What was the principle that BROWN AND OTHERS approved of in WILSON v PRINGLE? (Battery)That touching had to be hostile. Lord Mustill said that it cannot be the only factor to determine guilt or innocence. It can just help the court in knowing how to react to a new situation
  10. 10What did MARTIN show re. battery?Battery can occur through an indirect act. D put a bar across theater entrance, turned lights off and shouted fire. He indirectly had committed battery
  11. 11What is the law on Assault governed under?s.39 CRIMINAL JUSTICE ACT 1988
    Common Law
  12. 12What is the law on Battery governed under?s.39 CRIMINAL JUSTICE ACT 1988
    Common Law
  13. 13What is the law on Assault Occasioning ABH governed under?s.47 of the Offences Against the Person Act 1961
  14. 14What act is inflicting GBH governed under?s.20 of the Offences Against the Person Act
  15. 15What act is wounding governed under?s.20 of the Offences Against the Person Act
  16. 16What act governs Causing GBH with intent to do so or to resist arrest?s. 18 of the Offences Against the Person Act
  17. 17What act governs Wounding with intent to do GBH or with intent to resist arrest?s.18 of the Offences Against the Person Act
  18. 18What two acts govern the law on assaults as a whole?CRIMINAL JUSTICE ACT 1988
    OFFENCES AGAINST THE PERSON ACT 1961
  19. 19What is the Mens Rea of Battery?Intention to apply unlawful force or recklessness as to whether such force will be applied.
    Recklessness: objective test: VENNA
  20. 20What does the case of VENNA show re. the Mens Rea of battery?VENNA relates to the reckless element to the mens rea of battery of unlawful force being applied, it is a subjective test:
    The D must realise the risk of physical contact and take that risk
  21. 21What are the differences between Assault and Battery re. force applied?In an assault there doesn't have to be touching, just an apprehension, in battery there does have to be touching.
  22. 22What does s.47 of the OFFENCES AGAINST THE PERSON ACT state?Assault occasioning ABH
    It's a triable either way offence
    Max. sentence is 5 years in prision
  23. 23What offences has to be committed to cause ABH in s.47?Either assault or battery, so the Actus Reus of assault and battery apply
  24. 24Who is the burden of proof on to prove that the assault or battery occasioned the ABH in s.47?The prosecution must prove that the D's assault or battery occasioned (caused) the ABH
  25. 25What interpretations of ABH has MILLER and CHANFOOK given?MILLER: ABH: any hurt or injury calculated to interfere with health or comfort
    CHANFOOK: 'Actual': the injury should not be so trivial as to be wholly insignificant (injury doesn't have to be permanent)
  26. 26What are examples of physical injuries that can result in a prosecution under s.47?Loss/breaking of a tooth, temporary loss of consciousness, extensive/multiple bruising, minor fractures of bones (e.g. a broken nose) minor cuts that require medical attention
  27. 27What does ABH also apply to that is not injury?ABH applies to damage that is not trivial such as skin, bones and hair (DPP v SMITH) and psychiatric injury (CHANFOOK)
  28. 28What does the case of DPP v SMITH show re. ABH as damage that is not trivial?In DPP v SMITH, the D cut off his ex's ponytail with scissors, which amounted to ABH. The obiter dicta of the divisional court said if paint/other unpleasant substances were put on hair, this would also be ABH
  29. 29What did CHANFOOK show re. psychiatric injury?The V developed a nervous and hysterical condition after her house was burgled. This didn't qualify as ABH as this didn't qualify as a psychiatric injury, so did not class as 'bodily' harm
  30. 30What does bodily harm re. psychiatric injury not include?Bodily harm does not include emotions such as fear, distress, panic, or a hysterical or nervous condition
  31. 31What is the Mens Rea of s.47?- The D must intend or be subjectively reckless as to whether the V apprehends or is subjected to unlawful force
    - D doesn't need to foresee that his acts may cause anything other than an assault or battery (SAVAGE)
  32. 32What are the offences that s.20 consists of?Unlawfully and maliciously wounding
    and
    unlawfully and maliciously inflicting GBH
  33. 33What does the prosecution have to prove under s.20?The prosecution must prove that the D either inflicted (caused) GBH or wounded the V
  34. 34What is the definition of GBH under s.20?GBH: 'really serious harm' (SMITH)
    But the injury doesn't have to be life threatening
  35. 35What are examples of GBH under s.20?Injury resulting in permanent disability, significant permanent visible disfigurement, broken bones and injuries causing substantial blood loss
  36. 36When deciding if the injury is serious enough to be GBH under s.20, what must the court also take into account?The effect of the injuries on the V, such as age: BOSSOM, which would be important if the V was very old or very young
  37. 37Can serious psychiatric injury be classified as GBH under s.20?Serious psychiatric injury can be GBH, such as severe depression, insomnia and panic attacks (as in BURSTOW)
    If the psychiatric injury is not as serious, it can be classed as 'bodily harm' under s.47
  38. 38What does the case of BURSTOW show re. serious psychiatric injury under s.20?The D caused V to have severe depression, insomnia and panic attacks through stalking. He was convicted for inflicting GBH under s.20
  39. 39What does DHALIWAL show re. non physical harm under s.20?For non physical harm to amount to 'bodily' harm under s.20 there must be evidence of a recognizable psychiatric illness. Purely psychological harm would not be sufficient
  40. 40What are the meanings of 'inflict' under s.20?CLARENCE: assault/battery must have 'brought about' the wounding or GBH
    MARTIN: 'cause', meaning indirect acts can still inflict the GBH or wounding
  41. 41What did the case of CLARENCE show re. the definition of 'inflict' under s.20?Inflict:bring about: The D had a venereal disease, and had sex with his wife without telling her about the disease. The court held the sex was not a battery as there was consent - so it was not unwanted touching. GBH conviction was quashed (eventually convicted after law change)
  42. 42Describe the case of MARTIN re. the definition of 'inflict' under s.20Inflict: caused: D put an iron bar across a theater doorway, turned the lights off and shouted fire. He was convicted of inflicting (causing) GBH indirectly by applying unlawful force
  43. 43What does the law state re. s.20 of inflicting a disease on another?The D passed on HIV to two women who he persuaded to have sex with him. The court confirmed that 'biological' GBH can be inflicted in this way. CLARENCE was held to be wrong and was overruled
  44. 44What can s.20 be a result of?Both assault and battery - no unlawful force has to be applied, directly or indirectly
  45. 45How is a wound described in law?A breaking of the skin. Internal bleeding (e.g. a cut on the inside of a cheek) is sufficient, but internal bleeding where no skin has been cut is not wounding.
  46. 46Regarding the Mens Rea for s.20, where 'maliciously' is used, what is this held to mean?Maliciously means 'intentionally or recklessly'
    (reckless: subjective test)
    CUNNINGHAM
  47. 47What is the Mens Rea for s.20?The D must intend to inflict some harm to another person, or be subjectively reckless as to whether the V suffers some harm
  48. 48What does the case of PARMENTER show re. the mens rea of s.20?It is sufficient for the D to foresee the possibility of some physical harm, the D doesn't have to foresee that it would be a wound or serious injury
  49. 49What type of offences are contained in s.20 and what is the max. punishment?Unlawful and malicious wounding and unlawfully and maliciously inflicting GBH are triable either way offences and carry a max. prison sentence of 5 years
  50. 50What are the offences contained in s.18?Wounding with intent to do some GBH
    Causing GBH with intent to do some GBH
    Malicious wounding with intent to resist arrest
    Maliciously causing GBH with intent to resist arrest
  51. 51What type of offences are contained within s.18 and what is the max. punishment?They are indictable offences and the max. punishment is life imprisonment
  52. 52What is the difference between s.18 and s.20?s.18 is the same as s.20 apart from the mens rea. Recklessness is not sufficient for s.18, there must be intent. This makes the offences more serious (indictable). S.18 uses the word 'cause', s.20 uses 'inflict'
  53. 53What is the Actus Reus of s.18?Causing GBH or wounding the V
  54. 54What is the law on the wording of 'cause' re. s.18?Cause means the same as inflict (BURSTOW). Cause has a wide meaning, but it is only necessary for the prosecution to prove that the D's act was a substantial cause of the wound or GBH
  55. 55What is the meaning of wound and GBH re. s.18?Wounding: breaking of the skin (EISENHOWER)
    GBH: really serious harm
    They have the same meanings as s.20
  56. 56What does the case of EISENHOWER show re. the definition of wounding?The V had a broken blood vessel in her eye caused by the D, this did not amount to wounding as there was no breaking of the skin
  57. 57What must the prosecution prove re. the mens rea of s.18?That it was the D's purpose to cause GBH or to resist arrest, and that they foresaw this as a virtual certainty
  58. 58What is the law on transferred malice in s.18?Transferred malice is allowed e.g. if the D tried to inflict GBH or wounding on someone, but accidentally missed and hurt someone else, they could still be charged under s.18
  59. 59How does the word 'maliciously' relate to s.18 in maliciously wounding or causing GBH with intent to resist arrest?The prosecution must prove that the D must intend to resist arrest, after this has been established, the prosecution must also show that D intended some harm, or was reckless as to whether some harm was caused (MORRISON)
  60. 60How does the word 'maliciously' relate to s.18 causing GBH with intent to do some GBH, or wounding with intent to do some GBH?If the prosecution has already proved that D intended to cause GBH, 'maliciously' imposes no further requirement (MOWATT)
  61. 61What does the case of MORRISON show re. the mens rea of s.18 when resisting arrest?V (policewomen) told D she was going to arrest him, in trying to get away he caused bad cuts to her face. The court said it must be proven that the D intended to resist arrest, and the D intended or was reckless as to whether some harm was caused

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Law Flashcards on Assault flash cards done, created by beccytay10r on 13/12/2014.
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