Revision Notes on AS Law Unit 2

ABH

Assault

Battery

Breach of Duty

Coincidence

Damages

Duty of Care

Factual Causation

GBH and GBH s.18

Intervening Acts

Legal Causation

Mens Rea

Sentencing

Strict Liability

Victim as you find them

Types of Sentence

Victims own act

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Actual Bodily Harm (ABH)

MMAT

Maximum sentence 5 years

Mens rea - Intention or recklessness as to assualt or battery - Roberts

Actus Reus - Assualt Occassioning Actual Bodily Harm

Triable either way - magistrates or crown court

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Assault

MMAT

Actus reus: Causing the victim to apprehend immediate infliction of unlawful violence. - Logdon and Ireland (Words not need be said)

Mens rea: an intention to cause the victim to apprehend unlawful and immediate violence or recklessness whether such an apprehension be caused - Savage

Maximum sentence - 6 months

Triable only in magistrates

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Battery

MMAT

Actus reus - Unlawful application of force to another - Ireland&Burstow

Mens rea - intentionally or recklessly applied force to the person of another -                  Venna

Maximum sentence - 6 months

Triable only in magistrates

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Breach of Duty

RAP BOT

Risk of Harm - if risk not know then cant be a breach - Bolton v Stone

Social importance of Activity - Watt v Hertfordshire County Council

Potential Risk - Paris v Stepney Borough Council

Blyth vs Birmingham water works

Objective Test

Taking precautions - Bolton v Stone

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