Save
Busy. Please wait.
Log in with Clever
or
show password
Forgot Password?
Don't have an account?  Sign up 
Sign up using Clever
or
Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account. Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.

Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
edit
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Criminal Law - NFs

Non-Fatal Offences (Ass/Bat/ABH/GBH)

QuestionAnswer
Assault actus reus Causing apprehension of immediate personal violence
Assault mens rea Intent or recklessness as to causing apprehension of immediate personal violence
Battery actus reus Applying unlawful force
Battery mens rea Intent or recklessness as to applying unlawful force
Smith v Woking Police Station Immediate = imminent
R v Logdon The threat does not have to be real (assault)
Tuberville v Savage Conditional threat: words negated the threat (assault)
R v Ireland An assault can be an ommission
R v Constanza Assault can be through words
R v Thomas A battery needn't have an injury
DPP v K Battery can be indirect
Collins v Willcock Police officer used force on woman without consent (+ wasn't entitled to arrest). This amounted to a battery
ABH actus reus Assault or battery occasioning actual bodily harm
ABH mens rea Intent/recklessness as to the assault or battery
What is special about the mens rea of ABH? Lack of corresponence - easier to convict, saves court time (don't have to prove MR)
Miller 'ABH is anything designed to interfere with the health and comfort of the victim' - threw wife to ground + convicted
Chan-Fook 'ABH is harm that is more than trivial' + harm from mental state must be as a result of psychiatric harm not fear and distress
DPP v Smith Cutting V's hair constituted ABH as it interfered with the comfort of the victim
T v DPP Loss of consciousness is a sufficient level of harm for ABH
Savage Lack of correspondence in ABH: MR of assault, AR of battery
Do you need to prove causation for the actus reus of the non-fatal offences? yes, see Criminal Law - AR
Under what statute is assault occaisioning actual bodily harm defined? s47 Offences Against the Person Act (OAPA) 1861
Under what statute are assault and battery charged? s39 of the Criminal Justice Act 1988
Under what statute is GBH defined? s20/18 OAPA 1861
s20 GBH Actus Reus Inflicting serious harm or a wound (from a direct/indirect act/omission)
JJC v Eisenhower A wound must break two layers of skin - here the shotgun pellet didn't penetrate the eye (conviction quashed)
Burstow Serious psychiatric injury can be grievous bodily harm (GBH version of Chan-Fook)
Dica Infecting someone with HIV can be grievous bodily harm (didn't disclose condition - recklessly inflicted GBH under s20)
Golding Genital herpes can be grievous bodily harm (didn't disclose condition - recklessly inflicted GBH under s20)
Saunders GBH needn't be life threatening
Bollom Severity of injuries should be assessed according to Vs age and health (bruising on 17 month old baby was GBH)
DPP v Smith Grievous bodily harm means 'really serious harm'
s20 GBH Mens Rea Intent/recklessness as to some harm (outlined in Cunningham and confirmed by HoL in Parmenter)
Brown and Stratton A combination of injuries can add up to GBH
'inflicting grievous bodily harm'? Burstow - 'inflict' needn't require a technical assault or battery, only that D's actions led to consequence of V suffering GBH
s18 GBH Actus Reus Wounding or causing grievous bodily harm (from a direct/indirect act/omission)
s18 GBH Mens Rea Intent to cause serious harm or intent to resist arrest (with intent/recklessness as to some harm)
Morrison Pushes police officer through a window - intent to resist arrest seeing risk of some harm - s18 GBH
Belfon s18 GBH requires proving intent to cause serious harm
Taylor an intention to wound is insufficient mens rea fo s18 if it does not amount to GBH
Created by: Oscar.G
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards