Criminal Law Exam Revision

Front 1

Law that covers Non Fatal Offences Against the Persons?

Back 1

Non-Fatal Offences Against the Persons Act 1997

Front 2

Common Law had broen Assault into?

Back 2

Assault (fear or intimidation)

Battery (actual force)

Front 3

Under Irish law "A person shall..." S. 2

Back 3

"A person shall be gulty of the offence of assault who, without lawful excuse, intentionally or recklessly"

1.In/directly applied force

2.Causes another to believe on reasonable grounds likely use of force

Front 4

Force includes:

Back 4

Applicaton of heat, light, electric current, noise and any other form of energy

Front 5

Case showing application of liquid or gaseous form and that application of force need not be directly applied

Back 5

DPP v K - acid in hand dryer

Front 6

D slashes Vs clothes held as assault

D takes hold of hem of Vs skirt

Back 6

R v Day

T v Thomas

Front 7

Conviction words can amount to assault

Conviction silence can amount to assault

Back 7

R v Bustow

R v Ireland

Front 8

Immediacy - case involving knife but not threat of immediate violence

Back 8

Tuberville v Savage

Front 9

Consent for assault must be....

Back 9

Valid and given by a competent individual and not coerced through fraud or force

Front 10

Implied consent, e.g. situation and case with quote

Back 10

E.g. busy street or underground statin

Case: Collins v Wilcock

Quote: "the exigencies of everyday life"

Front 11

Definition of section three assault causing harm

Back 11

"a person who assaults another causing him or her harm shall be guilty of an offence"

Front 12

AR and MR for Assault causing harm

Back 12

AR: Assault causing harm

MR: intentional or reckless

Front 13

Definition of harm which stems from case of R v Ireland

Back 13

Hard to body or mind and includes pain and unconsviousness

Front 14

S. 4 creates offence of causing serious harm - definition

Back 14

"a person who intentionally or recklessly causes serious harm to another shall be guilty of an offence" it is an "injury which creates a substantial risk of death"

Front 15

Case holding Psychological harm does not fall within the scope of serious harm?

Back 15

R v Ireland

Front 16

Is permanence of injury a defining factor for serious harm? + case

Back 16

No - case of DPP v Kirwan - court found no wording of permanence in legislation

Front 17

Consent does not fall under which sections

Back 17

Sections 3 onwards

Front 18

Case of engaging in sado-masochistic sexual activities?

Back 18

R v Brown - court of appeal upheld convictions, charged with occasioning bodily harm. "sex is no excuse for violence... Society is entitled and bound to protect itself against a cult of violence"

Front 19

In case of R v Brown two dissent, Lord Slynn says..

Back 19

"It is not for the courts" to definite private acts as criminal, for legislature

Front 20

Case of husband branding initials on wife

Back 20

R v Wilson. Not convicted as akin to tattooing and wife's consent was valid. Court further holds that the consensual activities of wife and husband in own home is not a matter for the court

Front 21

Any patient has the right to refuse treatment even if this results in death

Back 21

Re a Ward of Court

Front 22

Consent to sporting injuries cases x2 and quote for first

Back 22

R v Coney: "a blow struck in anger is an assault... a blow struck in sport.. is not an assault"

R v Barnes: discussed objective threshold level i.e. depends on sport

Front 23

The thin skull rule + case

Back 23

Take your victim as you find them - case: R v Blaue - stabbed but refuses transfusion. Convicted of manslaughter

Front 24

D stabs V, mistreatment in hospital and time elapses. V dies of pneumonia. D not convicted of murder. Medical treatment was palpably wrong

Back 24

R v Jordan

Front 25

Example of an omission (law)

Back 25

Road traffic act

Front 26

Intervening act - case where D intervenes with victims clothing and V jumps out of car- Held to be liable

Back 26

R v Roberts

Front 27

V jumps of car following attempted theft found to be unreasonable - chain broken - what case?

Back 27

R v Williams

Front 28

R v Smith? + quoute

Back 28

Stabbing in barracks, dropped twice by friends, doctor delayed -> V dies. Chain not broken. "if at the time of the death the original would is still an operating and substantial cause then death can be said to be a result of the wound.