Points on what to write in each answer.

Basic points, nothing fancy, but helped me. 

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  • Created on: 15-06-12 15:36
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o GBH ­ broken bones ­ serious harm R v Saunders
o Intention or recklessness ­ Mowatt s.30 GBH
o Grevious bodily harm ­ GBH ­ DPP v Smith
o Prove necessary caustion ­ "but for" "legal rules" ­ R v Chesire
o If GBH arises intoxication cannot be pleased as it is a partial defence to crimes of
specific intent. S.20 is a basic intent crime.
o Involuntary manslaughter ­ unlawful killing without malice aforethought
is without intention to cause the death or GBH
Unlawful and dangerous act manslaughter first of all requires the defendant has committed an
unlawful crime. ,,,explain n the crime and the sections. ­ then necessary mens rea for the
unlawful act such as GBH S.20 (lamb)
Second requirement is that the unlawful act must be dangerous (r v church) .. what he did was
dangerous blah blah by using his elbow to hit someone is dangerous
The final test is that the unlawful act must have caused the death of the victim ­ (R v
Goodfellow) ­ here the attack satisfies factual causation but for test and legal rules in legal
causation in both smith and Cheshire rules "the act was the substantial and operative cause of
the death"
Cheshire ­ significant contribution.
Gross Negligence ­
If victim walks away (omission) ­ manslaughter by gross neg ­ this is based on the civil tort of
negligence and requires that there be a duty of care, the breach of which the victims deserves
Duty of care ­ capro v dickman ­ forsee ­ proximity and fair just and reasonable ­ reasonable
man ­ breach
Gross neg ­ jury to decide ­ adomonklo.
o Murder ­ defined as unlawful killing with malice aforethought.

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As murder is a result crime it is essential for the prosecution to prove that the defendant by his
or her voluntary actions brought about or caused the death of the victim. It is clear that the
stabbing was voluntary and so the rules of causation are considered. Factual and legal. ­ legal
­ smith "defendants actions must be the substantive and operative cause of death"
Having established the actus reus of the crime mens rea must be considered.…read more

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Second requirement ­ abnormality of the mind but have substantially impaired the
defendants mental responsibility for the killing. This is a matter for the members of the jury
to decide (Walton)
Consent ­
usually only available for assault and battery but for more serious nfo ABH&GBH it can
only be successfully pleased if the activity out of which the injury arises comes under any of
the following headings ­ surgery including tattooing, body pirecing rough horseplay and
sports activity.…read more


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