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Offences Against the Person
Case law related to offences against the person
15
Law
Undergraduate 1
05/09/2013

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Cards

Term
Moriarty v Brooks
Definition
Wound is breaking of the whole skin
Term
DPP v Smith
Definition
GBH = really serious harm
Term
Ireland
Definition
GBH can include severe psychiatric injury
Term
Wilson
Definition
You can inflict GBH without assaulting someone (i.e. administering poison).
Term
Mowatt
Definition
Half mens rea for GBH -- must foresee the risk of SOME harm.
Term
Fagan
Definition
Assault is any act that causes another person to apprehend immediate and unlawful personal violence.
Term
Constanza
Definition
"Immediate" for the purposes of common assault can occur at any time in the future not excluding the present.
Term
Savage
Definition
An assault or battery can stem from Cunningham subjective recklessness.
Term
Collins v Wilcock
Definition
A person commits battery if he intentionally or recklessly inflicts unlawful force on another person.
Term
Brown
Definition
Hostile contact is required for the commission of battery.
Term
DPP v K
Definition
Indirect application of force will suffice in the commission of an offence against the person.
Term
Thomas
Definition
Touching someone's clothing without their consent can amount to battery.
Term
AG Reference No 6
Definition
Exceptions to ABH and GBH: sports and surgery. People can't consent to injury "for no good reason".
Term
Wilson
Definition
Consensual activities between husband and wife will not give rise to charges.
Term
Emmett
Definition
Inflicting ABH or GBH for "sexual gratification" not allowed.
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