Case Names and Definitions of Non-Fatal Offences Against the Person

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  • Created by: camflan00
  • Created on: 07-01-17 15:19
Hill v Baxter
Examples of Involuntary Conduct through reflex actions eg being stung by bees and having a heart attack
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R v Quick
Examples of involuntary conduct through being unconscious - D injured a patient but was unconscious at the time due to a diabetic fit
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R v Pagett
Factual Causation proved here - D used his girlfriend as a human shield and shot at the police. The police returned fire and the D's girlfriend was killed
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R v White
Factual Causation not proved here - D poisoned his mother's milk but she would have died from a heart attack anyway
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R v Cheshire
Example of medical negligence not being 'palpably wrong' - D shot V and V died from complications of a breathing tube inserted by doctors. However, the treatment he received was for a gunshot wound
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R v Jordan
Example of medical negligence being 'palpably wrong' - D stabbed V and V almost recovered but the doctor gave V a drug he was allergic to and V died
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R v Roberts
Example of victim's own actions not being a NAI - D touched V's skirt and V jumped from a moving vehicle. This was seen as a FORESEEABLE event. NAI = NOT BROKEN
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R v Williams
Example of victim's own actions being a NAI - D tried to steal V's wallet and V jumped from a moving vehicle. This was seen as UNFORESEEABLE. NAI = BROKEN
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R v Blaue
Thin Skull Rule - you must take your victim as you find them. D stabbed V who was a Jehovah's Witness and refused to accept a blood transfusion and died. D = LIABLE
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R v Mohan
Direct Intention MR example - when asked to stop his car by a police officer, D deliberately accelerated and caused GBH to the police officer
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R v Woollin
Oblique Intention MR example - D threw his 3 month old baby across the room intending to stop it from crying but actually killed it. He must have been 'virtually certain' that throwing a child across the room would incur serious injury or death
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R v Cunningham
Recklessness MR example - "the D can foresee that there is a risk from a consequence of their act/omission but takes the risk and goes ahead with it anyway"
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R v Pittwood
Duty Under Contract (Employment Contract) - D's job to shut gates on a railway crossing and failed to do so and someone was killed by a train. Guilty of an omission
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R v Dytham
Duty Under an Official Position (eg Police, Fire Brigade etc) - D failed to stop someone from being beaten to death as a police officer. Guilty of misconduct in a public office by omission
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R v Gibbins & Proctor
Duty Owed by a Parent to a Child - Ds failed to feed their child and it died. Guilty of murder by omission
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R v Stone & Dobinson
Duty Assumed for Another - Ds didn't take proper care of V and V died. Guilty of manslaughter by omission
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R v Miller
Duty to Limit Harm Caused (creation of a dangerous situation) - D accidentally set fire to a mattress and failed to do anything to stop it. The fire caused £1m in damages
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R v Latimer
Transferred Malice example - D swung his belt at X but missed and hit V. D was liable for V's injuries
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R v Pembliton
Transferred Malice example - D threw a rock at a crowd outside a pub but missed and smashed a window. He intended to commit assault but actually caused criminal damage. Transferred malice can only be used between the same crime
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Alphacell v Woodward
Strict Liability Offence example - factory's tank overflowed and polluted a nearby river
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London Borough of Harrow v Shah
Strict Liability Offence example - D sold a lottery ticket to someone under 16
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Smedleys v Breed
Strict Liability Offence example - caterpillar found in tin of peas and were convicted under the Food & Drugs Act 1955
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R v Mansfield
Assault example - shaking a fist is enough for an assault
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R v Ireland
Assault example - silence or spoken words is enough for an assault
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R v Constanza
Assault example - written words is enough for an example
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R v Lamb
Assault example - if there is no fear there is no assault
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Smith v CSWPS
Assault example for immediacy - V apprehended violence in the near future
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R v Thomas
Battery example - "any touching of another person, however slight". Touching a woman's skirt was equivalent to touching the woman herself
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R v Lynsey
Battery example for direct force - D spat in a police officers face
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DPP v K
Battery example for indirect force - D put acid into an electric hand dryer and it sprayed on the next user
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R v Haystead
Battery example for indirect force - where you directly apply force to A leading to force being indirectly applied to B
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Collins v Wilcock
Battery example for no injury needed - a police officer grabbed a prostitute's arm and she scratched him. Both could amount to a battery
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R v Venna
Battery example - D struggled violently against arrest
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R v Chan Fook
§47 Offences Against the Person Act 1861 - ABH defined as "more than trivial but less than serious". Can include psychiatric harm (eg depression, anxiety etc)
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DPP v T
§47 Offences Against the Person Act 1861 - unconsciousness is defined as ABH
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DPP v Smith
§47 Offences Against the Person Act 1861 - hurt or damage is ABH. D cut off someone's ponytail which is ABH
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R v Saunders
§20 Offences Against the Person Act 1861 - GBH simply means "serious harm"
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R v Bollam
§20 Offences Against the Person Act 1861 - age and health of the V are relevant when deciding if it's GBH
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R v Dica
§20 Offences Against the Person Act 1861 - biological injury can amount to GBH eg HIV
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R v Brown & Stratton
§20 Offences Against the Person Act 1861 - a combination of ABH injuries can amount to GBH
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JCC v Eisenhower
§20 Offences Against the Person Act 1861 - internal bleeding is not GBH and both layers of the skin must be broken
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R v Savage
§20 Offences Against the Person Act 1861 - threw a glass at someone but didn't have to foresee the risk of a wound
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R v Belfon
§18 Offences Against the Person Act 1861 - need to prove specific intent for a §18 as recklessness is insufficient
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Thabo Meli
Coincidence Rule example for the 'Single Transaction Modification' - Ds hit V over the head and, thinking V was dead, threw him over a cliff. The court said these two separate events would be treated as one single transaction
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Fagan v MPC
Coincidence Rule example for the "Continuing Act Modification" - D was asked to park his car by a police officer and parked it on his foot unknowingly and then refused to move it. AR was continuing at the time the MR was formed so they were present
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Definition of Assault
"Intentionally or recklessly causing the victim to apprehend the immediate application of unlawful violence"
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Definition of Battery
"Intentionally or recklessly applying unlawful force to another person"
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Definition of §47 Offences Against the Person Act 1861
"It is an offence to commit any assault occasioning actual bodily harm"
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Definition of §20 Offences Against the Person Act 1861
"Unlawfully and maliciously wounding or inflicting any grievous bodily harm upon any other person, with or without any weapon"
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Definition of §18 Offences Against the Person Act 1861
"Wounding or causing grievous bodily harm to any person with the intent to do some grievous bodily harm to any person"
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Other cards in this set

Card 2

Front

Examples of involuntary conduct through being unconscious - D injured a patient but was unconscious at the time due to a diabetic fit

Back

R v Quick

Card 3

Front

Factual Causation proved here - D used his girlfriend as a human shield and shot at the police. The police returned fire and the D's girlfriend was killed

Back

Preview of the back of card 3

Card 4

Front

Factual Causation not proved here - D poisoned his mother's milk but she would have died from a heart attack anyway

Back

Preview of the back of card 4

Card 5

Front

Example of medical negligence not being 'palpably wrong' - D shot V and V died from complications of a breathing tube inserted by doctors. However, the treatment he received was for a gunshot wound

Back

Preview of the back of card 5
View more cards

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