Causing the victim to apprehend the immediate application of unlawful physical force. (Doesn't always have to be physical)
1 of 7
Common Assault Mens Rea
Intention or subjective recklessness as to causing V to apprehend the immediate application of unlawful physical force.
2 of 7
Cases for Common Assault
R v Ireland (1998)- HOL making silence phone calls can constitute an assault. DPP v Santana-Bermudez (2003)- creating a dangerous situation can create an assault. R v Wilson (1955)- words can constitute an assault with an accompanying act.
3 of 7
Murder Actus Reus
Sir Edward Coke~ the unlawful killing of a reasonable person in being and under the Queen's peace.
4 of 7
Murder Mens Rea
Sir Edward Coke~ malice aforethought express (intention to kill) or implied (intention to cause GBH)
5 of 7
Cases for Murder
'in being'- AG Ref no. 3 1997 or R v Malcherek (1981). R v Vickers (1957)- GBH resulting in death is enough to imply the necessary intention for murder.
6 of 7
Unlawful Act Manslaughter Rules
It must be a crime and the act must be dangerous.
7 of 7
Other cards in this set
Card 2
Front
Intention or subjective recklessness as to causing V to apprehend the immediate application of unlawful physical force.
Back
Common Assault Mens Rea
Card 3
Front
R v Ireland (1998)- HOL making silence phone calls can constitute an assault. DPP v Santana-Bermudez (2003)- creating a dangerous situation can create an assault. R v Wilson (1955)- words can constitute an assault with an accompanying act.
Back
Card 4
Front
Sir Edward Coke~ the unlawful killing of a reasonable person in being and under the Queen's peace.
Back
Card 5
Front
Sir Edward Coke~ malice aforethought express (intention to kill) or implied (intention to cause GBH)
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