A2 Law- Offences Against the Person

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What is the definition of Murder?
Judge Sir Edward Coke- "The unlawful killing of a reasonable creature in being and under the Queen's peace with malice aforethought expressed or implied".
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AR of Murder?
An act which brings about a death.
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MR of Murder?
1) Intention to kill (direct intention, the d's decision to deliberately bring about a specific aim, purpose or desire). 2) Indirect Intention, 3)Intention to cause serious harm.
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What statute is Diminished Responsibility found under?
Section 2 of the Homicide Act 1957 and Section 52 of the Coroners and Justice Act 2009.
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What are the elements required to prove DR?
1)Abnormality of Mind, 2) Recognised Medical Condition, 3) Substantially Impairs, Provides and Explanation.
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What statute is Loss of Control found under?
Section 54 and 55 of the Coroners and Justice Act 2009.
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What are the elements to prove LOC?
1) The d lost self control and killed the V, 2) Qualifying Triggers, 3) Objective Test.
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What are the elements to prove Gross Negligence Manslaughter?
1) Duty of Care, 2) Breach of Duty, 3) Gross, 4) Risk of Death.
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What are the elements to prove Unlawful Act Manslaughter?
1) Unlawful Act, 2) Dangerous Act, 3) Causing the Death, 4) MR of Unlawful Act.
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What statute is Assault found under?
Section 39 of the Criminal Justice Act 1988
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What statute is Battery found under?
Section 39 of the Criminal Justice Act 1988
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What statute is ABH found under?
Section 47 of the Offences Against the Person Act 1861
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What statute is GBH/ Wounding found under?
Section 20 of the Offences Against the Person Act 1861
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What statute is GBH / Wounding with Intent found under?
Section 18 of the Offences Against the Person Act 1861
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What are the elements to be proven for the defence of Insanity?
1) Defect of Reason, 2) Disease of the Mind, 3) Nature and Quality, 4) Or there act was legally wrong?
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What are the elements to be proven for the defence of Automatism ?
1) Does the d's behaviour fit the Bratty definition?, 2) Has the d's behaviour been caused by an external factor?, 3) Has the external factor caused a total destruction of voluntary control? 4) Is the automatism self induced? 5) Specific/Basic Intent
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What are the elements to be proven for the defence of Intoxication?
Voluntary/ Involuntary, Specific/ Basic Intent
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What are the elements to be proven for the defence of Consent ?
Brown Definition (then apply if there is a legally recognised exception.
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What are the elements to be proven for the defence of Self Defence/ Defence of Another ?
1) Was the use of force necessary? 2) Was the use of force reasonable? Then apply cases where appropriate .
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Other cards in this set

Card 2

Front

AR of Murder?

Back

An act which brings about a death.

Card 3

Front

MR of Murder?

Back

Preview of the front of card 3

Card 4

Front

What statute is Diminished Responsibility found under?

Back

Preview of the front of card 4

Card 5

Front

What are the elements required to prove DR?

Back

Preview of the front of card 5
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