NFOs

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Constanza
ASSAULT= words alone were suffcient for an assault. The content of the letters were assults since the victum read them as clearly a sthreats, even though there was no reinforcing physical gesture. texts and emails also count
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Burstow
ASSAULT= ruled that silence could amount to an assault in the form of silent telephone calls made by the accused to the victim
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Tuberville v Savage
ASSAULT= the words formt he D can stop the act from forming an assault. placed the hand on his sorwd and then stated hat he wounldnt strike as the courts where in town.
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Light
ASSAULT= even though the D said that he wounldnt strike his wife with the sorwd he still had it over her head, the act of the sword over the head is an assault
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Lamb
ASSAULT= if the victum dosnt apprehend immediate force then the assault ahs not been commited. the D thought that the gun was empty so didnt foresee immediate force.
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Logdon
ASSAULT= as long as the D thinks that foce will come around then there is assault. the D ahs a afke gun and showed it to the victim.
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Smith v Woking
ASSAULT= immmediate was heald not to mean the same as instantaeous as long as the D fears the force in the near future. man was stood outside of womans window.
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Venna
ASSULT + BATTERY= states the MR of both of these means that DI or SR can be use and only has to be resulting in the AR of the orginal defence.
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Mohan
DIRECT INTENTION= main aim ir desire to casue the victim the harm. accelarate towrds the police officer and then casue the police officer to jump outof the way.
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Collins v Willcock
BATTERY= any touching of another person, however the slightest, may ammount to battery. however does also sate that certain force is lawful even without consent such as self defence or arresting is allowed.
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Thomas
BATTERY= a slap, a kiss, throwing a drink over someone and even touthing the V's clothes meet the requirements of battery. caretaker touched the hem of a girl's skirt in a school.
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Cole v Turner
BATTERY= the slighest tough without permision isnt allowed. the permission is the main part. being pushed into close quarters dosnt count. a perosn that attents a party cant complain about a seized hand in friendship.
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Haystead
BATTERY= battery can be caused indirectly. the D punched a woman casuing her to drop the baby. the court held that the defendant had effectivly used the woman a s a weapon to injure the baby and he was held liable.
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Santana-Bernudez
BATTERY/OMMISSION= battery can be commited by an ommisiion but only when there is a duty to act,the D failed to tell the police officer,when they were searching him, that he had a needle in his pocket and the police office was injuried.duty totell
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Roberts
ABH= part of causation, defining the word occasioning menaing that a single act can lead to another one even if it was unexpected. man touched the womans coat and she jumped out of the car. ABH as long as the act isnt daft.
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Miller
ABH= defines a wound and ABH as any hurt or injury calculated to interfere with the health or comfort of the victum as long as its more then transient and trifling.
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DPP v Smith (2006)
ABH= hair or any dead tissue counts a a ABH as it is treated as part of the body and noted that cuting a womans hair without consent is a serious matter amounting to ABH includes paint . man was sat on a bus and cut a womans hair in fornt of him.
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T v DPP
ABH=loss of consciousness even for a short time is held to be abh
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Savage
ABH=the court of appeal held that the P only had to prove intention or recklessness as to twroing beer over the V (MR of battery) and that this occasioned the cut on the wrist.
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DPP v Parmenter
ABH= where defendant had played with his sonso roughly that he had caused injuries to him. as long as the P proved the MR of Battery foresight of the further injuries did not need to be proven.
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Eisenhower
GBH (20)/(18)= a wound takes place when both layers of the skin are broken and there is usally blood loss. in this case internal bleeding form a gun shot dosnt count. scarches, burns dont count.however allows pin pricks and lips and a and inner cheek
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DPP v Smith (1961)
GBH (20)/(18)= grievous means no more and no less than serious harm. this includes broken bones
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Bollom
GBH (20)/(18)= states that the age of the V acn be taken into consideration. as the rate of serious will increase depending on if the V is a younge child or an old person.
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Brown v Stratton
GBH (20)/(18)= if the V suffers lots of minor injuries that these can be collect to on serious injury. the V was beaten and got suffered concussion, brusing, lost teeth and a broken nose.
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Burstow GBH
GBH (20)/(18)= psychiatric harm can be GBH provided that it is sufficienly serious.
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Dica
GBH (20)/(18)= can include biological GBH where the D knowing had consensual sex knowing that they had HIV. states that the case of Clarence should be used in cases like this one.
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Clarence
GBH (20)/(18)= inflict was understood to need an assault or battery requiring the application of dirct force. in this case the courts stated that there is no GBh when he gave his wife Gonorrhea, as she consent there is no battery.
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Martin
GBH (20)/(18)= inflciitng can also mean indirect application not just dirct. the courts held that shouting fire in the theatre when all the exits are locked inflicted GBH on the V who were seriously injured.
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Ireland
ASSAULT= an apprehension of immediate force can be commited by the D through; words, gestures or silence. in the case the V got a number of silent phone calls and she suffered psychological damage.
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Cunningham
SUBJECT RECKLESSNESS= the D must ahve intented to inflict harm or be sujectively reckless as to whetehr such harm will occure. the D must ahve foreseen the unjustified risk and taken the risk anyway. D thought the houses where deralict
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Mowatt
GBH (20)= established the curical principle that the P does not have to prove the D intented or foresaw the wound or grievous bodily harm. its enought to have forseen some harm.
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DDP v A
GBH (20)= where a 13 year old boy had mistakenly shot his friend in the eye whilst meaning to fire below the knee level. it was stressed in this case the P only had to prove that the D foresaw that some harm might occur, NOT would occur.
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Belfon
GBH (18)= the P must prove the D had direct intion to casue GBH or a wound OR indirect intention to cause the GBH or wound. recklessness isnt sufficient to prove s18. also its not enought to prove some harm the P must prove GBH
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Woolin
OBLIQUE INTENTION= 2 statge test. the fist part being that it was a VERTUAL CERTAIN that the outcome will occur. and the second part is that the D must have APPRECIATE the outcome. this test must be used once ina s18 senerio.
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Card 2

Front

ASSAULT= ruled that silence could amount to an assault in the form of silent telephone calls made by the accused to the victim

Back

Burstow

Card 3

Front

ASSAULT= the words formt he D can stop the act from forming an assault. placed the hand on his sorwd and then stated hat he wounldnt strike as the courts where in town.

Back

Preview of the back of card 3

Card 4

Front

ASSAULT= even though the D said that he wounldnt strike his wife with the sorwd he still had it over her head, the act of the sword over the head is an assault

Back

Preview of the back of card 4

Card 5

Front

ASSAULT= if the victum dosnt apprehend immediate force then the assault ahs not been commited. the D thought that the gun was empty so didnt foresee immediate force.

Back

Preview of the back of card 5
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