Criminal Law

Common Assault Actus Reus
Causing the victim to apprehend the immediate application of unlawful physical force. (Doesn't always have to be physical)
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Common Assault Mens Rea
Intention or subjective recklessness as to causing V to apprehend the immediate application of unlawful physical force.
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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.
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Murder Actus Reus
Sir Edward Coke~ the unlawful killing of a reasonable person in being and under the Queen's peace.
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Murder Mens Rea
Sir Edward Coke~ malice aforethought express (intention to kill) or implied (intention to cause GBH)
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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.
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Unlawful Act Manslaughter Rules
It must be a crime and the act must be dangerous.
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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

Preview of the back of card 3

Card 4

Front

Sir Edward Coke~ the unlawful killing of a reasonable person in being and under the Queen's peace.

Back

Preview of the back of card 4

Card 5

Front

Sir Edward Coke~ malice aforethought express (intention to kill) or implied (intention to cause GBH)

Back

Preview of the back of card 5
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