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43 Cards in this Set
- Front
- Back
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Constanza |
Assault. Words alone can amount to assault. V was stalked, sent letters 2 of which were interpreted as threats. She suffered clinical depression and anxiety. |
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Ireland |
Assault. Silence can amount to assault. V received silent phone calls. The immediacy element is satisfied as V suffered immediate fear of an unlawful act. |
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Tuberville V Savage |
Assault. Words can prevent potential assault. D put his hand on a sword and said "if it weren't assize time, I'd not take such language from you". Words can cancel/negate an assault. |
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Smith V Chief Superintendent, Woking Station |
Assault. Fearing the immediate use of unlawful force. V on ground floor with a man staring through the window. V had immediate fear of unlawful force or violence. |
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Logdon |
Assault. Subjective recklessness. D pointed fake gun at V. V feared immediate unlawful physical force or violence. D had been reckless as to whether it would occur. V had reasonable cause for fear, the fact that D had no intention of carrying out the act was irrelevant. |
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Faulkner V Talbot |
Battery. "a mere touch can be sufficient". |
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Collins V Willcock |
Battery. Police officer grabbed a woman's arm, thinking she was a prostitute. D resisted arrest and charged with assaulting a constable. Held that while in law any unlawful touching can amount to batter, there's allowances for "exigencies of everyday life". |
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Thomas |
Battery. Direct application of force. D grabbed 12yr olds skirt. Charged with indecent assault (sexual battery). Touching someone's clothes is the same as touching the person. The slightest touch constitutes battery, even if no 'force' occurs. |
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DPP V Khan |
Battery. Indirect application of force. D hid acid in hand dryer. Indirect force was applied as a result of D's actions. |
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Fagan |
There must be an act. Direct or indirect but battery can't usually be committed through omission. |
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Chan-Fook |
S47. D punched and locked a suspected thief in a spare room. ABH 'actual' should "not be so trivial as to be insignificant". |
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T V DPP |
S47. V kicked unconscious when on the ground. Momentary loss of consciousness can amount to ABH. |
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DPP V Smith |
S47. Cutting of a pony tail. ABH extends to hurt and damage so long as not trivial. 'harm' doesn't mean pain. Applies to all body parts including hair. |
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R V D |
S47. ABH is capable of including psychiatric injury but doesn't include mere emotions or states of mind that are not evidence of some itentifiable clinical conditions. |
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Roberts |
S47. D doesn't have to intend/Foresee ABH. V got lift with D. D tried to sexually assault her, she jumped out the car. D doesn't have to Foresee the harm. D had MR to cause battery, the subsequent injuries were a consequence of his unlawful act. |
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Savage |
S47. D doesn't have to intend/Foresee ABH. Threw a pint over a woman, glass slipped and cut her. D had intention to apply unlawful force when throwing the pint, so there's no need to prove she intended or was reckless as to causing some harm when it slipped. |
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Martin |
S20. Indirect application of force. D placed bars over the exit and shouted Fire in a theatre. People were seriously injured in the process. D had no specific victims in mind to target. He has indirect force. |
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Burstow |
S20. No force. D stalked a friend, sent hate mail, stole her clothes, broke into her house etc. She suffered severe depression, panic attacks and insomnia. S20 can be committed when no physical force has been applied. GBH can be inflicted in the form of psychiatric damage. |
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Saunders |
S20. GBH means 'serious harm' |
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Bollom |
S20. The severity of the injuries should be assessed according to the victims age and health (mental and physical). |
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Burstow |
S20. 'Inflict' doesn't require technical assault or battery. Serious psychiatric harm doesn't require 'direct' force to be proven |
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Dica |
S20. Biological harm can amount to GBH. Can be liable under S20. for recklessly infecting others with hiv. |
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Eisenhower |
S20. Wounding requires 2 epidermis broken. Airgun pellet in the eye, didn't break 2 layers of skin, injury wasn't sufficient enough to amount to S.20 GBH. |
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Mowatt |
S20. Intention or recklessness at to causing some harm. D sat on V hitting him and banging his head on the floor. No need to intend or be reckless to causing actual wound/GBH as it's enough to forsee some physical harm. |
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Belfon |
S18. Specific intent to GBH. D pushed a girl down and attacked those who tried to help. Shalshed a man with a razor. Changed with wounding with intent. D had forseen the risk but it hadn't been proved he had the specific intent for S18. |
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Taylor |
S18. Specific intent to GBH. V found with face scratches and stab wound in back. Photos shows them as surface scratches and the depth of stab couldn't be determined. Intention to wound wasn't sufficient of the MR of S18. |
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Morrison |
S18. Resisting arrest. Where D resists arrest the MR requirement is lower, they only need to prove he was reckless as to weather his actions would cause an injury or wound. |
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Dica - Consent |
Consent. There are limits to the level of harm you can consent to. V's consented to sex but no the risk of hiv. |
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AG's reference to no.6 of 1980 |
Consent. Boys decided to settle with a fist fight. "It's not in the public interest that people should try to and/or cause abh for no reason" |
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Leach |
Consent. Arranged to be crucified. Court not allowed to rely on V's consent as a defence, serious injury and no social benefit from the activity. |
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Coney |
Consent. Contact sport. Consent in sport will only apply where the rules are being adhered to. |
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Billinghurst |
Consent. Contact sport. Punched a man 'off the ball', convicted of S.20. V had consented to the game but not being punched 'off the ball'. |
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Bland |
Consent. Cannot consent to death. Withdrew needed treatment. Omission. |
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Barnes |
Consent. Contact sport. Amateur football match, serious injury to player due to an unnecessary tackle. S.20. Court must consider: Type of sport Level it's played Nature of conduct Degree of force Extent if risk D's state of mind |
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Jones |
Consent. Rough horse play. Gang of school boys throwing eachother up in the air. No intention to cause injury, not liable. |
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Richardson and Irwin |
Consent. Rough horse play. 2 drunk students dropped V off a 3m balcony. Charged S.20. Court said would D's have foreseen consequences if not drunk? If D lacks MR because their drunk but would have had it if sober, they can be liable. |
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Aitken |
Consent. Rough horse play. Set a colleague on fire White wearing a fire resistant suit. Conviction quashed as V's consent should be left to the injury. |
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Dica - Consent |
Consent. Tattooing and piercing. Must be genuine and informed consent. |
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Brown and others |
Consent. Non violent sexual relations. Homosexual and sadomasochistic activities at a private party. S.47/S.20 defence of consent was rejected as cannot consent to serious injury unless its a recognised exception. |
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Wilson |
Consent. Non violent sexual relations. Branded his wife's bum. S.47. 1~fall under tattooing category. 2~not in public interest to interfere with consensual activity within privacy of a marital home. |
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Tabassum |
Consent. Surgery. V's removed their bras believing it was for a medical examination when the man wasn't medical trained. Any fraud nullifies consent. |
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Gillick V West Norfolk Area Health Authority 1986 |
Consent. Capacity to consent. Girl requested contraceptive pill and asked for her mum not to be informed. Mother complained as the girl was under 16. Where the child is "Gillick competent" parental consent may not be necessary. |
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Re W 1992 |
Consent. Capacity to consent. 16year old suffering anorexia, refused treatment. Court was prepared to override her refusal though she was regarded "Gillick competent". |
