Non fatal offences

Cards (22)

  • What act is assault under
  • What act is Assault under
    S.39 of the Criminal Justice Act 1988
  • What is the AR of assault
    Causing the V to apprehend immediate and unlawful violence
  • What does Constanza and Ireland say about Assault
    Constanza - words amounted to assault
    Ireland - silent phone calls amounted to assault
  • What is the MR of assault
    intention or recklessness to cause the victim to apprehend immediate and unlawful violence
    shown in Savage
  • What act is Battery under
    S.39 of Criminal Justice Act 1988
  • What is the AR of battery
    Application of unlawful force - however slight
  • What are the 4 ways a battery can occur + cases
    Direct Act - Collins V Wilcock
    Indirect Act - Haystead
    Continuing Act - Fagan V MPC
    Omission - DPP V Sanatana - Bermudez
  • What is the MR for battery
    D intends or recklessly applies unlawful force on the V
    Venna
  • What Act is ABH under
    S.47 of Offences Against Person Act 1861
  • What is the AR for ABH

    any assault or battery which occasions ABH
  • What does Miller define ABH as

    Any hurt or injury that interferes with health and comfort of V
    Injury need not be permanent but must be more than transient and trifling
  • What does Chan Fook say

    harm should not be so trivial , wholly insignificant and includes psychiatric injury
  • What is the MR of ABH
    D intends or is reckless to cause the assault or battery
    D need not foresee ABH injury, only assault or battery Roberts/Savage
  • What act is GBH s.20 under
    S.20 of Offences Against the Person Act 1861
  • What is the AR of GBH S.20
    unlawfully and maliciously wound or inflict GBH
  • What did JCCVEisenhower define wound as
    break in the layers of skin, with blood loss
  • What did DPPVSMITH define GBH as
    really serious harm
  • What is the MR for GBHs.20
    D intends or is reckless to cause 'some harm', they do not need to foresee GBH
    Parmenter
  • What act is GBHs.18 under
    S.18 of Offences Against Person Act 1861
  • What is the AR of GBHs.18
    Unlawfully and maliciously wound or cause GBH
    JCC V Eisenhower defined wound = breaks in layer of skin + blood loss
    DPP V Smith defined GBH as really serious harm
  • What is the MR of GBH S.18
    Specific intention to cause really serious harm (GBH)
    as stated in Taylor or an intent to resist or prevent an arrest and cause really serious harm in the process (Morrison)