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7 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Overview |
• Assault and battery (common law) charged under Criminal Justice Act 1988 (s39). • All other offences are statutory under Offences Against the Person Act 1861- ABH (s47), GBH (s20) and (s18). • s18 is specific intent, the others are basic intent. |
CJA 1988, OAPA 1861 |
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Assault |
• D causes V to apprehend (Lamb- pointed revolver at V, no apprehension) the immediate (Smith v SIWPS- stood in garden looking through a window) application of unlawful force. • Words alone can amount to an assault (Ireland- silent phone calls). • Intention or Cunningham recklessness (MR). |
L SvSIWPS I C |
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Battery |
• D applies unlawful force to V (Collins v Wilcock- holding woman's arm is merest touch). • No need to show V suffered pain (Wood v DPP- similar case). • Application may be direct or indirect (Fagan- drove car onto foot, direct) (Haystead- punched woman holding a baby and was dropped, indirect). • D intends to, or recklessly apples unlawful force (MR). |
CvW WvDPP F H |
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Assault occasioning Actual Bodily Harm (s47 OAPA) |
• Assault/battery that causes some harm (Savage- throwing glass and fragments hit V causing injury). • Harm means injury, affects D's health or comfort (Miller- fell asleep with cigarette and moved to another room). • Should not be wholly insignificant (Chan Fook). • May be temporary loss of consciousness (T v DPP). • 'Bodily' includes psychiatric harm (Constanza- stalked woman) as long as it's a RMC. • Doesn't include emotional response (Morris- tearfulness, tension). • Doesn't have to be permanent, may be indirect (DPP v Khan- hand drier). • D intends to, or recklessly causes some harm (MR). |
S M CF T C M DPPvK |
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Malicious Wounding/Inflicting Grievous Bodily Harm (s20 OAPA) |
• D must either wound V (Eisenhower- break 2 layers of skin) or cause GBH. • GBH means 'serious injury' and includes psychological (Burstow). • Take into account V's age and health (Bollom). • Can be biological (Dica- gave 2 D's HIV). • D intends to, or recklessly cause some harm (MR). • Foresee some harm occuring, not necessarily serious (Mowatt). |
E B B D M |
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Wounding/Causing GBH with intent (s20 OAPA) |
• D either wounds with intent to cause GBH, or cause GBH with intent to do so. • Can only be committed intentionally (direct or oblique) (Woolin- virtual certainty). • D intends to cause serious injury (MR). |
W |
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Administering a noxious substance (s23 OAPA) |
• Administering a noxious (poisonous) substance as to endanger V's life or inflict GBH (AR). • Includes gas (Cunningham- gas meter ripped off wall) or drugs (Cato). • Intention or recklessness (MR). |
C C |
