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30 Cards in this Set
- Front
- Back
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"GBH" mean "really serious harm"
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DPP v Smith
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A wound requires both layers of skin to be broken
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Moriarty v Brookes
academically a bleeding scratch is sufficient |
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No matter how serious internal bleeding, not a wound if no skin broken
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JJC v Eisenhower
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Psychiatric harm can be GBH if serious enough
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R v Burstow
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“maliciously” do harm
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R v Parmeter
intention or recklessness to do SOME harm (ABH) |
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ABH = any hurt or injury calculated to interfere with health or comfort of the victim
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R v Miller
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ABH = any psychiatric harm if recognised condition
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R v Ireland
R v Chan-Fook |
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Indirectly place something to cause a trip is inflicting unlawful force
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DPP v K
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Punching baby’s mother caused her to drop baby was assault on the baby
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Haystead v Chief Constable of Derbyshire
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Simple assault can be acts or words
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R v Ireland
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Simple assault requires only apprehension of infliction of immediate unlawful personal force
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Fagan v Met Police
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For simple assault, only need to fear assault could occur immediately
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R v Burstow
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A conditional threat is also an assault
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Read v Coker
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Intention or recklessness as to V’s apprehension of unlawful personal force
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R v Venna
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Test for recklessness to personal force is subjective
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R v Spratt
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CPS Charging Standards GBH:
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- permanent disability
- loss of sensory function - major break - big blood loss - lengthy treatment/incapacity |
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CPS Charging Standards ABH:
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- minor cuts (where treatement)
- extensive bruising - temp loss of consciousness - minor fractures - bbroken nose |
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Generally the defence of consent is only when no harm is done or intended
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Collins v Wilcock
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Sport within the rules or spirit of the game counts as a form of consent
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R v Barnes
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Attorney General ref 6 of 1994 exceptions to general consent rule
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- Sport
- Surgery - Not allowed manly fisticuffs - Dangerous exhibition (circus) |
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Tattooing, piercing and circumcision are lawful acts
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R v Brown
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Consent is invalid if:
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R v Brown
- Corrupts young men - spreads disease - excessive level of pain - breeds and glorifies cruelty |
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No consent if risk of harm beyond transient
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R v Emmett
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A parent or person in loco parentis can use reasonable force to discipline a child
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R v Hopley
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Defence of Duress:
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R v Graham
1. subjectively believe threatened with death/serious injury (self or another) 2. (objective) person of reasonable firmness would have given way |
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Self-defence can be pre-emptive
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R v Bird
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Self-defence discretion in decision making in the heat of the moment
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R v Palmer
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A person is judged in self-defence on the facts as they honestly (not reasonably) believe them to be
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R v Williams
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Mistake due to voluntary intoxication negatives self-defence
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R v O'Grady
R v Hatton |
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Mistake due to psychiatric ailment negatives self-defence
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R v Martin
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