Law03 - Non-Fatals

Answer structures for the non-fatals questions with appropriate cases and markers for where to relate to the scenario. Causation included, case list at the end.

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  • Created by: Larissa
  • Created on: 15-05-12 21:50
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NON-FATAL OFFENCES
ASSAULT
BATTERY
ACTUAL BODILY HARM
S20 GREIVOUS BODILY HARM & WOUNDING
S18 GREIVOUS BODILY HARM & WOUNDING
CAUSATION
& CASE LIST.

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ASSAULT
Found in Section 39 of the Criminal Justice Act 1988.
AR Causing; by words, acts, or silence, the V to fear
immediate unlawful harm.
RELATE TO Q.
Fear of a threat that must be perceived as "immediate."
R v Smith
RELATE TO Q.
Words can amount to an assault.
R v Constanza
RELATE TO Q.
Acts can amount to an assault.
R v Logdon
RELATE TO Q.
Silence can amount to an assault.
R v Ireland
RELATE TO Q.…read more

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BATTERY
Found in Section 39 of the Criminal Justice Act 1988.
AR The application of unlawful force upon an
individual.
RELATE TO Q.
Battery can be direct.
R v Thomas
RELATE TO Q.
Battery can be indirect.
DDP v K
RELATE TO Q.
Battery can be caused by an omission.
DPP v Santana-Bermudez
RELATE TO Q.
MR Intention or recklessness as to apply unlawful
force.
R v Venna
RELATE TO Q.…read more

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ACTUAL BODILY HARM
Found in Section 47 of the Offences Against A Person Act
1861.
AR An assault or battery resulting in ABH.
RELATE TO Q.
Harm must be calculated to interfere with health and
comfort.
R v Miller
RELATE TO Q.
The damage does not have to be permanent.
R v Chan Fook
RELATE TO Q.
Psychiatric injury can amount to ABH.
R v Ireland
RELATE TO Q.
MR The same MR as the assault or battery which led
to the ABH.…read more

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S20 GREIVOUS BODILY HARM & WOUNDING
Found in Section 20 of the Offences Against A Person Act
1861.
AR Wounding or inflicting GBH upon an individual.
RELATE TO Q.
Harm must be serious to amount to GBH.
R v Saunders
RELATE TO Q.
GBH can occur due to accumulative injuries.
R v Brown + Stratton
RELATE TO Q.
MR Intention or recklessness as to cause some harm.
R v Savage
RELATE TO Q.
D must foresee some harm may occur.…read more

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S18 GREIVOUS BODILY HARM & WOUNDING
Found in Section 18 of the Offences Against A Person Act
1861.
AR Wounding or inflicting GBH as set out in S20.
RELATE TO Q.
Harm must be serious to amount to GBH.
R v Saunders
RELATE TO Q.
GBH can occur due to accumulative injuries.
R v Brown + Stratton
RELATE TO Q.
MR Intention to cause GBH or avoid arrest.
"Malicious intent"
R v Belfon
RELATE TO Q.
*If relevant:
Psychiatric injury can amount to GBH.…read more

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CAUSATION
Both factual and legal causation must be proven
for D to be found guilty.
Factual causation But for D's acts, no harm would
have come to V.
R v Pagett
RELATE TO Q.
Legal causation D's acts were the operating and
substantial cause of V's harm.
R v Smith.
RELATE TO Q.
If reasonably unforeseeable, the V's own acts can break
the chain of causation.
R v Williams
RELATE TO Q.…read more

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CASE LIST ­ NON-FATAL OFFENCES
ASSAULT
R v Smith D entered V's garden at night and looked through her window as she got changed. Held to be an
assault as she believed he was about to enter her house.
R v Constanza Stalking case which confirmed that words could be an assault.
R v Logdon D jokingly pointed a gun at V who did not know that it was a replica.…read more

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DPP v A Two boys playing with air pistols and shooting each other in the knees while wearing cricket pads for
protection. D shot V in the eye.
R v Ireland D made silent phone calls to three different women who didn't know if the purpose of the phone
call was to see if they were at home and if he was about to enter immediately afterwards.…read more

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