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Law Paper 1
Non fatal offences
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Created by
Eliza Brunsdon
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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
)