Law Unit 3

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  • Created by: A Francis
  • Created on: 05-06-13 09:20
Assault S39 Criminal Justice Act Actus Reus
Causing the V to fear immediate unlawful violence
1 of 35
Assault S39 Criminal Justice Act Mens Rea
Intention of, or Subjective Recklessness as to, causing the V to fear immediate unlawful violence
2 of 35
Constanza
Words, verbal or written, are sufficient to satisfy the Actus Reus if they cause the V to fear immediate unlawful violence
3 of 35
Ireland
Silent phone calls can satisfy the Actus Reus of an Assault
4 of 35
Smith v Chief Superintendent of Woking Police Station
Immediate does not mean instantaneous, but means 'imminent' so an assault can occur through a closed window
5 of 35
Tuberville v Savage
Words indicating that there will be no violence may prevent an act becoming an assault
6 of 35
Battery S39 Criminal Justice Act Actus Reus
The application of unlawful violence (even the slightest touching can be unlawful)
7 of 35
Battery s39 Criminal Justice Act Mens Rea
Intention of, or Subjective Recklessness as to, applying unlawful force.
8 of 35
Collins v Wilcock
Force includes the slightest touching
9 of 35
Thomas
Touching someones clothes is sufficient to form a battery
10 of 35
Fagan v Metropolitan Police Commissioner
A battery can be committed through a continuing act
11 of 35
DPP v K
A battery can occur through an indirect act (a booby trap)
12 of 35
Haystead
A battery can occur through an indirect act (The force was transferred to another person)
13 of 35
Actual Bodily Harm S47 Offences Against the Person Act 1861 Actus Reus
Causing V to fear immediate unlawful violence or the application of unlawful force (a Assault or a Battery)
14 of 35
Actual Bodily Harm S47 Offences Against the Person Act 1861 Mens Rea
Intention or Subjective Recklessness as to causing the victim to fear unlawful violence or of applying unlawful force
15 of 35
Consequence of an Actual Bodily Harm Offence
Any hurt or injury calculated to interfere with the health and comfort of the victim - Minor cuts and bruises, broken nose, minor fractures
16 of 35
T v DPP
The Loss of Consciousness constitutes and ABH
17 of 35
R v Savage
The D does not have to intend or be reckless as to injury - Just as to the assault or battery
18 of 35
DPP v Smith
Cutting someones hair without consent can constitutes ABH
19 of 35
R v Chan Fook
The word 'actual' means more than trivial hurt therefore psychiatric injury satisfies ABH
20 of 35
R v Miller
Causing the victim uncomfort constutes ABH
21 of 35
Savage and Parmenter
Transferred Malice - Without the intention or recklessness to an injury - Intention to to apply unlawful force
22 of 35
Section 20 Offences Against the Person Act 1861 Actus Reus
A direct act or omission
23 of 35
Section 20 Offences Against the Person Act 1861 Mens Rea
Intention or Subjective recklessness as to some harm
24 of 35
Consequence of a Section 20 offence
Serious Harm or Really Serious Harm - Permanent Disability - Psychiatric Injury - Fractured Skull - Compound Fractures
25 of 35
R v Bollom
Severe Bruising to a child may be GBH
26 of 35
R v Dica
The transmission of HIV
27 of 35
R v Brown and Stratton
A collection of minor injuries could consitute GBH
28 of 35
R v Parmenter
The D need only recognise some harm, D does not have to recognise serious harm
29 of 35
Section 20 Wounding Offences Against the Person Act 1861
Intention or subjective recklessness as to some injury
30 of 35
JCC v Eisenhower
The wound must cause a cut to the skin - Internal bleeding or severe bruising is not a wound
31 of 35
Section 18 Offences Against the Person Act 1861 Actus Reus
A direct act or omission
32 of 35
Section 18 Offences Against the Person Act 1861 Mens Rea
Specific Intention to cause GBH or to resist arrest
33 of 35
Section 18 Offences Against the Person Act 1861 Wounding
Specific Intention to cause a Wound
34 of 35
Smith and Saunders
The act or omission must cause Serious Harm
35 of 35

Other cards in this set

Card 2

Front

Intention of, or Subjective Recklessness as to, causing the V to fear immediate unlawful violence

Back

Assault S39 Criminal Justice Act Mens Rea

Card 3

Front

Words, verbal or written, are sufficient to satisfy the Actus Reus if they cause the V to fear immediate unlawful violence

Back

Preview of the back of card 3

Card 4

Front

Silent phone calls can satisfy the Actus Reus of an Assault

Back

Preview of the back of card 4

Card 5

Front

Immediate does not mean instantaneous, but means 'imminent' so an assault can occur through a closed window

Back

Preview of the back of card 5
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