Non-fatal Offences against the Person
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- Created by: TabithaNash16
- Created on: 27-10-20 09:58
What is the maximum sentence for assault?
6 months
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What is the maximum sentence for battery?
6 months
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What is the maximum sentence for ABH?
5 years
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What is the maximum sentence for section 20 wounding or GBH?
5 years
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What is the maximum sentence for section 18 wounding or GBH?
life
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Where might personal violence be considered lawful?
it is used in self defence
it is used to prevent a crime
the victim consents
reasonable punishment of a child
it is used to prevent a crime
the victim consents
reasonable punishment of a child
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What is the section 3 criminal law act 1967?
a person may use such force as is reasonable in the circumstances in the prevention of crime or to assist arrest
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Self defence - prevention of crime
What is the case of R v Williams (Gladstone) 1984?
What is the case of R v Williams (Gladstone) 1984?
Defendant grabbed a handbag from a man as he believed he had just robbed a women, he punched him but that person was actually the real hero who had just taken the bag off a robber, he was allowed to use the offence even though he was mistaken about the cr
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How did A-G ref 1980 describe consent?
a person can only consent to an assault and battery unless it comes within one of the recognised exceptions
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What are the recognised exceptions when it comes to battery and assault?
surgical interference
properly conducted games and sports
dangerous exhibitions
horseplay
properly conducted games and sports
dangerous exhibitions
horseplay
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Horseplay
What is the case of R v Jones 1987?
What is the case of R v Jones 1987?
they were throwing boys into the air, they did not catch one of the boys and he suffered a ruptured spleen, the boys weren't liable although there was no consent
the court said it was complied consent - bit of fun
the court said it was complied consent - bit of fun
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Horseplay
What is the case of R v Aitken 1992?
What is the case of R v Aitken 1992?
a soldier was asleep wearing fire proof clothing, his mates set him alight, he could not have consented in his sleep, he suffered serious burns
court said they weren't liable as it was fun play
court said they weren't liable as it was fun play
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Consent to harm during sexual activity?
What was the case of R v Brown 1993?
What was the case of R v Brown 1993?
5 defendants who were homosexual sadomasikists, they made a video of themselves engaging in activities; fishhooks, stinging nettles, they were all consenting adults, the police raided them for something else but found the video
prosecuted for the video,
prosecuted for the video,
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Consent to harm during sexual activity?
What was the case of R v Slingsby 1995?
What was the case of R v Slingsby 1995?
defendant on a one night stand with a women, engaged in rigorous sex, she suffered internal cuts, she got blood poisoning and died
he was charged with manslaughter but because she consented he wasn't liable
he was charged with manslaughter but because she consented he wasn't liable
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Consent to harm during sexual activity?
What was the case of R v Wilson 1996?
What was the case of R v Wilson 1996?
women asked her husband to brand his initials on her buttocks, he complied, it became infected and she went to the doctors, doctors reported it as abuse
court said it was fine as it was between husband and wife
court said it was fine as it was between husband and wife
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Consent to harm during sexual activity?
What was the case of R v Clarence 1888?
What was the case of R v Clarence 1888?
defendant infected his wife with a STD,
he was not liable to any offence as she had consented to sex
he was not liable to any offence as she had consented to sex
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Consent to harm during sexual activity?
What was the case of R v Dica 2004?
What was the case of R v Dica 2004?
defendant deliberately infected 3 women with HIV, all women agreed to have unprotected sex but he didn't tell them he had HIV
he was liable for GBH even though they consented
he was liable for GBH even though they consented
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When was lawful chastisement abolished and what was it replaced with?
it was abolished by section 58 children act 2004
it was replaced with reasonable punishment which may only be used to justify assault or battery
it was replaced with reasonable punishment which may only be used to justify assault or battery
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Unlawful - lawful chastisement
What was the case of Hopley 1860?
What was the case of Hopley 1860?
he asked parents if he could hit their children, they agreed, but he beat their child to death, the court said that you can use reasonable force as long as its not excessive or done with pleasure or gratitude
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Unlawful - lawful chastisement
What was the case of A v UK 1998?
What was the case of A v UK 1998?
teacher noticed child always covered in bruises and reported to the police, step dad prosecuted for ABH, he was taken to court and raised the defence of lawful chastisement and found not guilty
the child went to court and they found that the UK court were
the child went to court and they found that the UK court were
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Other cards in this set
Card 2
Front
What is the maximum sentence for battery?
Back
6 months
Card 3
Front
What is the maximum sentence for ABH?
Back
Card 4
Front
What is the maximum sentence for section 20 wounding or GBH?
Back
Card 5
Front
What is the maximum sentence for section 18 wounding or GBH?
Back
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