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Where is the offence of assault found?
S.39 Criminal Justice Act 1988.
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What is the AR of assault?
"To cause someone to apprehend immediate and unlawful violence" (Logdon).
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Name five cases and their principles associated with assault?
Constanza - words. Ireland - silence. Smith v CS of Woking Police Station - actions alone. Turberville v Savage - words may negate an assault. Light - words may not always negate an assault.
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What case is used to demonstrate that if the V does not apprehend violence, even if it is there, there is no assault?
Lamb.
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What does immediate mean?
How imminent the unlawful violence was apprehended to be.
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What is the MR of assault?
Intention/recklessness as to the assault (Savage).
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Under which act is the offence of battery recognised?
S.39 Criminal Justice Act 1988.
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What is the AR of battery?
"The application of unlawful force onto another" (Thomas).
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The case of Thomas stated that force could be...
"...slight touching."
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Fagan stated that a battery can be committed through a...
...continuing act.
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What cases are used to demonstrate that a battery can be indirect?
DPP v K and Haystead.
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Can battery be committed through an omission (Fagan)?
No.
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Which case is used to support the phrase "unlawful force?"
Collins v Willcock.
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What is the MR of battery?
Inention/recklessness as to the battery (Venna).
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Assault occasioning ABH is found under what act?
S.47 Offences Against The Persons Act 1861.
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What is the AR of S.47?
"Assault occasioning ABH."
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Which case stated that 'the harm must be more than trivial?'
Chan-Fook.
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Chan-Fook stated that harm includes psychiatric harm but not 'mere emotions such as...
...fear, distress or panic.'
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What is the principle of DPP v Smith?
Hair-cutting is substantial for ABH.
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What is the principle of T v DPP?
Temporary unconsciousness is substantial for ABH.
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Assault/battery must 'occasion' ABH. What cases are used to support factual and legal causation respectively?
Pagett and Smith.
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What is the MR for S.47?
Intention/recklessness as to the assault/battery (Savage).
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Grievous bodily harm (GBH) is an offence found under which act?
S.20 Offences Against the Persons Act 1861.
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What is the AR of S.20?
"Unlawfully and maliciously inflict GBH/wound."
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Which case defines GBH as 'really serious harm?'
Smith.
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Which cases state that serious harm is enough to amount to GBH?
Saunders and Brown v Stratton.
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What is the principle of Burstow?
Psychiatric harm can amount to GBH.
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Which case states that many minor injuries can amount to GBH?
Bollom.
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JCC v Eishenhower defined wound as...
...'a break in the continuity of the skin.'
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What is the principle of Dica?
Biological harm can amount to GBH.
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What are the two types of causation and their cases for S.20 respectively?
Factual (Pagett) and legal (Smith).
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What is the MR of S.20?
Intention/recklessness as to cause some harm (Savage/Mowatt).
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GBH/wounding with intent is recognised under which act?
S.18 Offences Against the Persons Act 1861.
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What is the AR of S.20?
"Unlawfully and maliciously inflict GBH/wound."
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If causation is applied, is it the same for S.18 as it is for S.20?
Yes.
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What is the MR for S.18?
Intention to inflict GBH (to cause serious harm (Saunders)). The MR also includes intention to resist arrest.
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Other cards in this set

Card 2

Front

What is the AR of assault?

Back

"To cause someone to apprehend immediate and unlawful violence" (Logdon).

Card 3

Front

Name five cases and their principles associated with assault?

Back

Preview of the front of card 3

Card 4

Front

What case is used to demonstrate that if the V does not apprehend violence, even if it is there, there is no assault?

Back

Preview of the front of card 4

Card 5

Front

What does immediate mean?

Back

Preview of the front of card 5
View more cards

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