Non Fatal Offences Learning and Revision Flashcards

Under what section of the Criminal Justice Act (1988) are both assault and battery charged?

Define an assault.

What is the name and date of the case that proved assault could be verbal or written after the D had written 800 letters and made a number of phone calls?

What was decided in the case of R v Lamb (1967)?

Outline the details of the case in Smith v Chief Superintendent of Working Police Station (1983)

What are 4 possible ways that an assault might be committed?

Define the key term battery.

What is the case that proves force can be the slightest touching. Where two police officers saw two women apparently soliciting and asked the appellant to get into the car for questioning. The officer takes hold of her as she tries to walk away.

Outline the case of Wood v DPP (2008)

Which case demonstrates a battery can be committed through a continuing act?

DPP v K (1990) which involved the schoolboy with the sulphuric acid placed in the hand drier is a way to demonstrate what?

How was the D guilty of a battery by way of omission in the case of DPP v Santa-Bermudez (2003)?

What section of the OAPA 1861 defines "actual bodily harm"?

What is the definition of actual bodily harm as stated in Miller (1954)?

Outline the case of R v Roberts (1971)

D threw beer over another woman. Glass slipped from hand and V's hand cut. Had not intended injury or realised a risk. Convicted of s20 but CoA quashed and substituted s47. Appealed but dismissed. Fact she had intention to apply unlawful force.

What is the name of a s20 offence under the OAPA 1861?

In what way is the offence similar to a s47?

What is the sentence for s20 and how is it triable?

What must be proved?

What is a wound?

What important point did R v Bollom (2004) clarify or introduce.

Outline the case of R v Dica (2004)

In which case did the D carry out an eight month campaign of harassment which caused he to suffer severe depression?

Outline R v Parmenter that shows there is no need for defendant to foresee the level of serious injury.

Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause grievous bodily harm to any person, with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of ... an offence. This describes waht?s

What kind of offence is s18?

What mens rea must be proved for s 18 Wounding or causing grievous bodily harm with intent.

Outline how R v Taylor shows that intention to wound is not enough...

What effect does the resisting arrest or preventing an arrest have on s 18?

Police officer seized hold of D and told him she was arresting him. He dived through a window, dragging her with him as far as window and her face was badly cut. CoA held word maliciously must have same meaning in Cunningham (1957). Defendant either intends or is reckless as to risk of injury.