Non-Fatal Offences

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  • Created by: Aimee
  • Created on: 08-01-17 10:34
Assault contrary to
s39 CJA 1988
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Battery contrary to
s39 CJA 1988
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Assault occasioning actual bodily harm contrary to
s47 OAPA 1861
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Wounding or causing GBH contrary to
s20 OAPA 1861
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Wounding or causing GBH with intent contrary to
s18 OAPA 1861
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Common assault committed in 2 ways..
Technical assault, battery
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Is there a statutory definition for either?
No. Derived from common law
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Which case gives definitions for assault and battery?
Collins v Wilcock
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Collins v Wilcock assault definition...
An act which causes another person to apprehend the infliction of immediate, unlawful, force
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Collions v Wilcock battery definition...
The actual infliction of unlawful force on another person.
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Case and explain- The MR does not have to exist throughout the AR, but both have to exist at the same time at some point.
Fagan v Met. Police Commissioner. Fagan drove onto the police officer’s foot by accident. When he realised he did not move the car. AR is a continuing act.
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What else did Fagan v Met Police Commissioner say?
Assault cannot be committed by an omission.
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Assault- Explain "apprehend"
The V believes they will suffer unlawful personal violence
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Assault- Explain "immediate". Case.
Doesn't mean instantaneous but imminent. Ireland [1998]: Silent telephone calls may amount to assault as the V apprehends violence at any moment.
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Assault- Explain "unlawful personal violence". Case. What is this also?
Any intentional touching of another person without the consent of that person and without lawful excuse. Faulkner v Talbot. This is also the AR of battery
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MR of assault. Case.
An intention to cause the victim to apprehend unlawful and personal violence or recklessness with regards to this. R v Venna.
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Savage v Parmenter says...
The D has to realise the risk
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Spratt says recklessness means...
“taking the risk of harm with foresight that it might happen”.
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AR of battery...
The unlawful application of force or any intentional touching of another person without the consent of that person and without lawful excuse.
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Brown says the application of force...
need not be hostile but must be touching not consented to.
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Case- "Force” means any touching whether through something
Thomas
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Case- Excludes physical contact which is acceptable in ordinary daily life
Collins v Wilcock
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MR of battery. Case.
An intention to apply force or recklessness as to the application of force on another. R v Venna
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If found guilty of AOABH you can be jailed for...
Up to 5 years
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AR of AOABA...
V apprehends immediate unlawful personal violence or D applies unlawful force to V and this causes ABH.
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Case- The assault must cause the ABH...
R v Roberts
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Case- The injury need not be serious but must be more than trifling
Miller
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Case- Psychiatric injury can be ABH.
R v Chan-Fook
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If found guilty of wounding or causing GBH, will be imprisoned for...
5 years
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Wound means... Case.
The whole of the skin must be broken. Moriarty v Brookes
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GBH means... Case.
"Really serious harm" DPP v Smith
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What does GBH include according to the CPS charging standards? (4)
Permanent disability, broken bones, substantial loss of blood, psychiatric injury
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What does "maliciously" mean with regards to GBH? Case.
Intentionally or recklessly. Cunningham.
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Case. It is enough that D foresaw that even just some harm may result.
Savage v Parmenter
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If found guilty of wounding or causing GBH with intent, will be imprisoned for...
Life
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Wounding or causing GBH with intent is a specific intent offence. The 2 ways you can have intention are...
1 Intention to cause GBH 2 Cause GBH recklessly with the intention to resist arrest or prevent the arrest of anyone
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"Recklessness" with regards to wounding or causing GBH with intent means it was what? Case.
A foreseen risk. Morrison
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Other cards in this set

Card 2

Front

s39 CJA 1988

Back

Battery contrary to

Card 3

Front

s47 OAPA 1861

Back

Preview of the back of card 3

Card 4

Front

s20 OAPA 1861

Back

Preview of the back of card 4

Card 5

Front

s18 OAPA 1861

Back

Preview of the back of card 5
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