Flashcards
Non-fatal offences
Flashcards do conjunto (27)
- 1What are the five main types of non-fatal offences?• Assault (Common law)
• Battery (Common law)
• Assault occasioning actual bodily harm (s.47, OAPA 1861)
• Maliciously wounding or inflicting grievous bodily harm (s.20, OAPA 1861)
• Wounding or causing grievous bodily harm with intent (s.18, OAPA 1861) - 2What is assault?Defined in Fagan v Metropolitan Police Commissioner: any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence
- 3What is the actus reus of assault?Causing another person to apprehend immediate and unlawful violence. (If there is no apprehension there is no assault as seen in Lamb)
- 4Can words or gestures constitute as an assault i.e. must there be a physical harm?No there need not be a physical assault, as seen Stephen v Myers (Gesture) and Wilson (Words) and Ireland (silent phone calls)
- 5Must the D fear violence in order for there to be an assault?No, fear is irrelevant, the D must only apprehend immediate or unlawful violence
- 6What did Constanza state in regards to unlawful violence being immediate?That the apprehension of harm at any time not excluding the immediate future was sufficient for an assault.
- 7What is the mens rea of assault?The mens rea of an assault is INTENTION or RECKLESSNESS as to causing the victim to apprehend immediate physical violence.
- 8What are the two questions you must to prove that there was Cunningham (Subjective)recklessness?1) Was the risk taken by D unjustifiable?
2) Did D recognise the risk but go on to take it anyway? - 9What is battery?Intentionally or recklessly inflicting unlawful force upon another person as defined in Fagan v Metropolitan police commissioner
- 10What is the actus reus of Battery?Inflicting unlawful force
- 11What is the mens rea of battery?Intentionally or recklessly inflicting unlawful force
- 12Does the unlawful force need to be aggressive or violent?According to Cole v Turner, “the least touching of another” is sufficient for a battery. In Faulkner v Talbot battery it was also said that a battery “need not necessarily be hostile or rude or aggressive”.
- 13Does the application of force need to be direct?According to Martin, no The application of any force used need not be direct, but there must be force applied to the victim
- 14What is assault occasioning actual bodily harm?This offence under s.47, OAPA 1861 requires the defendant to commit an assault or battery which causes harm. The degree of harm required is “actual bodily harm”.
- 15What is the actus reus of s.47 ABH?1) The AR of assault OR battery
2) Which causes (apply causation)
3) Actual bodily harm - 16What is 'actual bodily harm'?Defined in Miller: any hurt or injury calculated to interfere with the health or comfort” of the victim. (Mere emotions do not count as seen in Chan-Fook)
- 17What is the mens rea of s.47 ABH?The mens rea of assault OR battery
- 18What is s.20 GBH?The offence is defined as "unlawful and malicious wounding, or, inflicting GBH, with or without a weapon…”.
- 19What is the actus reus of s.20 GBH?Unlawfully wounding or inflicting GBH
- 20What does wounding mean?That the inner and the outer skin must be broken - C v Eisenhower
- 21What does grievous mean?'Really serious' as defined DPP v Smith
- 22Can you inflict GBH without an actual assault?Yes as seen in Dica where he transferred HIV
- 23What is the mens rea of s.20 GBH?Intention or recklessness about doing SOME HARM
- 24What is s.18 wounding or causing GBH with intent?Unlawfully and maliciously... wound or cause any GBH... with intent to commit GBH
- 25What is the actus reus of s.18 GBH with intent?Unlawfully wounding or causing GBH (for 'causing' remember to use causation rules)
- 26What is the mens rea for s.18 GBH with intent?Intention to cause GBH, or intent to resist or prevent lawful arrest
(INTENTION ONLY APPLY NEDRICK WOOLIN TEST FOR OBLIQUE INTENT) - 27What is consent?Consent is a defence to certain actions that would otherwise be offences against the person contrary to the 1861 Act. e.g. of consent given is: Sports, Surgery, tattooing and ear piercing, Implied consent (moving around in society) SEXUAL GRATIFICATION IS NOT A RECOGNISED EXCEPTION-Brown
Informações
- Descrição
- Duracell got charged with Battery!
- Criado por
- alan.10a
- Visualizações
- 97
- Tags
- Avaliação