802333
Description
Flashcards by Jessica 'JessieB, updated more than 1 year ago
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Created by Jessica 'JessieB
almost 10 years ago
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| Question | Answer |
| Case Facts: Assault - Smith v Chief Superintendent of Woking (1983) | The defendant was standing in the victim's garden, to her ground-floor flat at night, watching her get dressed. |
| Case Outcome: Assault - Smith v Chief Superintendent of Woking (1983) | He claimed there was no immediate threat as he was outside and she was inside, despite her being frightened. The courts held that she feared that whatever he might do next was sufficiently immediate and probably to be of a violent nature. |
| Case Outcome: Assault - Constanza (1997) | It is sufficient for the prosecution to prove an apprehension of force at some time, including the immediate future. |
| Case Outcome: Assault - Ireland (1997) | Silent phone calls can be classed as assault. |
| Case Facts: Assault - Tuberville v Savage (1669) | The defendant put his hand on his sword and said "if it were not assize time, I would not take such language from you." |
| Case Outcome: Assault - Tuberville v Savage (1669) | The defendant basically said that he wasn't going to do anything because the court were in town. This was held not to be assault. |
| Case Facts: Assault - Light (1857) | The defendant raised a sword over his wife's head, claiming that if there wasn't a policeman outside the window, he would cut her head open. |
| Case Outcome: Assault - Light (1857) | This was held to be assault. |
| Case Outcome: Battery - Thomas (1985) | It was held that touching a woman's skirt can be battery. |
| Case Facts: Battery - Martin (1881) | The defendant blocked the doors to a theater with an iron bar, turned off the lights and screamed 'fire'. |
| Case Outcome: Battery - Martin (1881) | Convicted of s20 GBH as people were seriously injured in the panic, but also convicted of battery as he hadn't directly applied force on anyone. |
| Case Facts: Battery - Haystead (2000) | The defendant punched a woman who was holding a baby and the baby fell out of her arms. |
| Case Outcome: Battery - Haystead (2000) | Convicted of battery even though he had no direct contact with the child. |
| Case Outcome: s47 Assault Occasioning ABH - Miller (1954) | "ABH includes hurt or injury made to interfere with the victim's health or comfort." |
| Case Facts: s47 Assault Occasioning ABH - DPP v Smith (2006) | The defendant cut his ex-girlfriend's ponytail without her consent. |
| Case Outcome: s47 Assault Occasioning ABH - DPP v Smith (2006) | He claimed the hair was dead tissue, but the courts held that it was still part of the body and said that s47 included harm and damage as well as injury. |
| Case Facts: s47 Assault Occasioning ABH - Roberts (1978) | The defendant made sexual advances on the victim in his car. She jumped out of the car and was injured. |
| Case Outcome: s47 Assault Occasioning ABH - Roberts (1978) | He argued that he didn't intend or foresee any risk of her being injured but this fails as the courts held he had the mens rea for battery and this was enough. |
| Case Facts: s47 Assault Occasioning ABH - Savage (1992) | The defendant went into her local pub and saw her husband's new girlfriend with some friends. She went up to her and threw a pint over her. The glass slipped out of her hand and cut the woman's wrist. |
| Case Outcome: s47 Assault Occasioning ABH - Savage (1992) | The courts said the defendant didn't need to be aware of the risk that she might cause harm; she intended to apply unlawful force and that was enough for the conviction. |
| Case Outcome: s20 Wounding and GBH - Wood (1830) | The victim's collar bone was broken, but the skin was still intact so it wasn't a wounding conviction. |
| Case Outcome: s20 Wounding and GBH - Saunders (1985) | The previous case of DPP v Smith held that it meant "really serious harm", but Saunders omitted the word "really" and convicted the defendant. |
| Case Facts: s20 Wounding and GBH - Bollom (2003) | The victim was a 17 month old baby who had bruising and abrasions on her body, arms and legs. |
| Case Outcome: s20 Wounding and GBH - Bollom (2003) | Her age and frailty was taken into account and it was held this was GBH. |
| Case Facts: s20 Wounding and GBH - Dica (2004) | The defendant infected two woman with HIV when he had unprotected sex with him. They didn't know he was HIV positive as he didn't tell them. |
| Case Outcome: s20 Wounding and GBH - Dica (2004) | Biological harm is accepted to be GBH. |
| Case Facts: s20 Wounding and GBH - Burstow (1997) | The defendant stalked a woman at work. He damaged her car and harassed her over several months - this included silent phone calls, hate mail and stealing her clothes from her washing line. |
| Case Outcome: s20 Wounding and GBH - Burstow (1997) | This clarified that the word 'inflict' doesn't have to be a direct application of force. Inflict means the same as cause and the defendant was convicted of GBH as he caused the victim to suffer from severe depression. |
| Case Outcome: s20 Wounding and GBH - Cunningham (1957) | The word 'maliciously' in the act meant the intention to do a particular kind of harm that was done or reckless as to whether such harm occurred or not. |
| Case Facts: s20 Wounding and GBH - Parmenter (1991) | The defendant threw his baby in the air and caught him but caused serious injuries to his legs. |
| Case Outcome: s20 Wounding and GBH - Parmenter (1991) | The defendant didn't realise his actions might cause injury and so he wasn't guilty under s20, but s47. |
| Case Facts: s20 Wounding and GBH - Grimshaw (1984) | The defendant heard someone insult her boyfriend in the pub, so she went up to him and pushed a glass onto his face. |
| Case Outcome: s20 Wounding and GBH - Grimshaw (1984) | She was guilty of GBH as she had foreseen the risk of SOME harm, even though the harm she had caused was more serious that she has thought. |
| Case Facts: s18 Wounding and GBH with intent - Nedrick (1986) | The jury can decide if the defendnat intended the harm if the defendant was virtually certain that the harm would occur as a result of his/her actions. |
| Case Facts: s18 Wounding and GBH with intent - Morrison (1989) | A police officer seized the defendant and told him she was arresting him. He dived out of the window, dragging the PO with him. Her face was cut. |
| Case Outcome: s18 Wounding and GBH with intent - Morrison (1989) | The prosecution had to prove that he realised there was a risk of injury when he was intending to resist arrest. |
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