Criminal Law

New Law Specification 2016

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What is the actus reus?
The physical element of a crime
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The actus reus can be?
An act, an omission or a state of affairs
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What are voluntary acts?
The act must be voluntary for the defendant to be guilty of actus reus from Hill v Baxter
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What is an omission?
The normal rule about ommission is that a person cannot be guilty of an offence if they fail to act from Stephen's Digests
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What are the exceptions for omissions?
Due to a contractual duty, duty through a relationship, duty taken on voluntarily, through one's official position or as D set in motion a series of events
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Give an example of a case for contractual duty
Pitwood
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Give an example of a case for a duty through a relationship
Gibbin v Proctor
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Give an example of a case for a duty taken on voluntarily
Stone v Dobbinson
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Give an example of a case for a duty through one's official positon
Dytham
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Give an example of a case for a chain of events set in motion
Miller
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What is causation?
A series of rules which decide whether the act of the defendant caused a particular consequence
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What is factual causation?
The defendant must be 'in fact' the cause of the consequence
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How is factual causation tested?
By the but for test from R v White
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What cases are for factual causation?
R v White and R v Pagett
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How does R v White support factual causation?
But for the defendant putting posion in his mothers milk she would not have died
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How does R v Pagett support factual causation?
But for the defendant using his girlfriend as a shield she would not have died
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What is legal causation?
The defendant must be the cause in law of the consequence
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What is the test for legal causation?
Operating and Substantial cause test
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What case supports legal causation and why?
R v Smith as the defendant was the cause in law of the solider being stabbed
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What is the thin skull rule?
You must take your victim as you find them even if they have a hidden medical condition
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What cases support the thin skull rule?
R v Blaue and R v Hayward
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How does R v Blaue support the thin skull rule?
She was a practising Jehovah witness so refused the blood transfusion
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How does R v Hayward support the thin skull rule?
She had a hidden thyroid problem that lead to her death
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What are the three types of novus actus interveins?
An act of a third party, victims own actions and a natural but unpredicatble event
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What is an act of a third party?
Usually comes in the form of medical negligence and has to be more potent than the defendants actions
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What are the cases supporting an act of a thrid party?
R v Jordann, R v Smith and R v Cheshire
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How does R v Jordan show an act of a thrid party?
Excessive fluids and anitibiotics that the patient was allergic was given cause him to die. This is more potent than the defendants actions
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How does R v Smith show an act of a thrid party?
The act of the defendant stabbing the victim was more potent than the failure to detect a collapsed lung
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How does R v Cheshire show an act of a third party?
The act of the defendant was more potent than the act of a complication with a tracheotomy
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What is the victims own actions?
If the defendant cause the victim to act in a foresseable way than the injury will be the defendant fault
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What are the cases that support the victims own actions?
Roberts and Williams
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How does Roberts support the victims own actions?
A womem jumped out of a car which was foreseeable due to the sexual advances being made
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How does Williams support the victims own actions?
A hitchhiker jumped out of a car when no threat was present. The defendant was not liable as the action was daft and unreasonable
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Define direct intention
A decision to bring about a prohibited consequence
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What case supports direct intention?
Mohan
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Why does Mohan support direct intention?
Made a decision to bring about a prohibited consequence by accelerating towards the PC when he asked him to stop
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Define indirect intention
Where the aim of the defendant is something different to the actual consequence
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How is indirect intention measure?
By the virtual certainty test
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What are the two questions in the virtual certainty test?
Is the consequence a virtual certainty of the defendants actions? Did the defedant release it was a virtual certainty?
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What case support indirection intention?
R v Woolin
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How does R v Woolin support indirect intention?
The action of throwing a baby into a wall is a virtual certianty of some type of injury or death
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Define recklessness
Where the defendant relises there is a risk but takes it anyway
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What is the case to support recklessness?
R v Cunningham
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How does R v Cunningham support recklessness?
There is a risk that pulling out a gas meter will leak gas
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Define transferred malice
Where the defendant intended to commit a offence against one person but commits a similar offence against another person
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Why do the offence have to be similar?
So the mens rea of one offence can be transferred to another offence
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What are the cases supporting transferred malice?
Pembliton and Latimer
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How does Latimer support transferred malice?
Used a belt to hit one person but hit a women in the process. These are similar offences so the mens rea can be transferred
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How does Pembliton support transferred malice?
Intented to throw a stone at a group of people but instead hit a window. These offences are not similar so the mens rea cannot be transferred
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What is strict liability?
Being guilty of an offence for only committing the actus reus. There is no need for mens rea unless there is a risk of prison
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What cases support strict liability?
Shah and Gammon
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How does Shah support strict liability?
Although the news agent took all precautions they still sold a lottery ticket to a minor
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How does Gammon support strict liability?
They didn't dig the foundation deep enough leading to the collapse of the house
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What is absolute liabilty?
Being guilty of an offence even though the actus reus was not committed voluntarily
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What case support absolute liabilty and why?
Larsonneur and she was deported involuntarily and arrested
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What are the arguements for strict liability?
Greater care in public safety, encourages higher standards of hygiene, easier to enfore and saves the court time as people are likley to plea guilty
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What case supports greater care in public safety?
Gammon (didn't dig the foundation deep enough)
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What case supports encourges greater standards of hygiene?
Alphacell v Woodward (negligent of letting poluted matter into a river
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What are the arguements against strict liability?
Makes not guilty people guilty of an offence, and doesn't necessarily act as a deterrant
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What case supports makes not guilty people guilty of an offence?
PSGB v Storkwain (didn't relises the prescriptions were fake)
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Which case supports doesn't necessarily act as a deterrant?
Callow v Tillstone (unfit meat for consumption)
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What is the coincidence rule?
In order for the defendant to be guilty the actus reus and mens rea must happen at the same time
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What are the cases supporting the coincidence rule?
Fagan, Thabo Meli and Church
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How does Fagan support the coincidence rule?
The actus reus was driving on top of the police officers foot and the mens rea when he relised he was on the foot but contiuned to not move the car
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How does Thabo Meli support the coincidence rule?
Beating a man up was an actus reus and throwing him of the cliff was the mens rea
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How does Chruch support the coincidence rule?
Actus rea is the death of throwing her into the river and the mens rea was the act of serious harm
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Where are summary offences heard?
Magistrates Court
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Give an example of a summary offence
Driving offences or assualt
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Where are eitherway offences heard?
Magistrates Court or the Crown Court
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Give an example of a either way offence.
Theft or S47
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Where are indictable offences heard?
Crown Court
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Give an example of an indictable offence
S18
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What type of cases do the Magistrates Court hear?
Arrest and search warrants, bail applications, try summary and either way offences. Hear the preliminary hearing for indictable offences
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What type of cases do the Crown Court hear?
Triable either way offences, indictable offences, cases referrred from the Magistrates Court and appeals from the Magistrates Court
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What is the burden of proof?
Prosecution must prove that the defendant has committed the offence beyond reasonable doubt
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What is the procedure for a summary offence?
Charged or summoned, preliminary hearing, plea given, pre-trial review, trial and sentencing
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What is the procedure for a either-way offence?
Charged or summoned, preliminary hearing, indication of plea, pre-trial review, trial and sentencing
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What is the procedure for an indictable offence?
Charged or summoned, preliminary hearing in the Magistrates, indication of plea in the Crown Court, pre-trial review, trial and sentencing
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What happens in charge or summon?
The defendant must be summoned to answer for the offence (received in the post) or charged (arrested and evidence given to the CPS)
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What happens in the preliminary hearing?
Deal with bail, a plea, the venue of the trial and legal finance. This is often heard in the Magistrates Court
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What is bail?
Letting the defendant live his life normally to the date of the trial
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Which act states that everyone has a general right to bail?
Bail Act 1976
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What is police bail?
Can be given at the police station and can place cetain conditions in place like surrendering your passport or returning regularly to the police station
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What happens if the police refuse bail?
The defendant must be taken to the Magistrates Court at the first available opportunity
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What is court bail?
Courts can refuse bail if they are satisfied that there is substantial ground the defendant would not surrender to custody, commit an offence on bail, interfere with witnesses or if it is for the witnesses protection
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What factors help decide bail?
Nature and seriousness of the offence, the strength of the evidence against the defendant or the past convictions of the defendant
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What conditions can the court impose on the defendant?
Surrender of passport, reporting to a police station, decide where the defendant should live on bail, curfew or a money sum
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Why can the court refuse bail?
If the defendant is charged with murder, attempted murder, **** or attempted or manslaughter, have previously served a sentence for a similar conviction already on bail when the offence was committed or tested positive for class A drugs
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What are four types of sentencing?
To punish offenders, as deterrence, to rehabilitate or for reparations
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What is punishment of offenders?
Punishing offender to equally reflect the suffering of the victim
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What is deterrence?
An aim which focuses on reducing future crime can be individual or general
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What is individual deterrence?
The defendant receives a harsher sentence so don't repeat the crime again
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What is general deterrence?
Where the general population is deterred from committing offences because of punishments others have received
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What is rehabilitation?
Aims to get people back into society by often giving the defendant new skills
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What are reparations?
Compensating the victim for the crime by paying money or returning stolen goods
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What are the types of sentences?
Custodial, Community, Financial and Discharge
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What are the factors that the court take into account when sentencing?
The offence, whether the defendant is guilty or not, sentencing guidelines, the background of the offender and any aggravating or mitigating factors
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What are aggravating factors?
Make the sentence worse and can be due to previous convictions, the defendant being on bail, religious or racial hostility or was the victim carrying out a public service
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What are mitigating factors?
Make the sentence lighter by mental illness of the defendant, physical illness of the defendant, no previous convictions, genuine remorse or co-operating with the police
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What is plea bargaining?
If the defendant makes a guilty plea then they will receive a reduced sentence and an early plea means there sentence will be reduced
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Define assualt
Intentionally or recklessly causing the victim to apprehend immediate or unlawful personal violence
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What case supports the definition of assault?
Fagan
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What are the actus reus for assault?
Emphasis on what the victim thought, silent phone calls are sufficient, words can negate an assault and doing nothing is sufficient
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What case supports that there is an emphasis on what the victim thought was going to happen?
Logdon
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What case supports that silent phone calls are sufficient?
Ireland
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What case supports that words can negate an assault?
Tuberville v Savage
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What case supports the doing nothing is sufficient?
Smith v Woking Police Station
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What is the mens rea for assault?
Intentionally or recklessly causing the victim to apprehend immediate or unlawful personal violence
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What case supports the mens rea for assault?
Savage
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Define battery
Intentionally or recklessly applying unlawful force on another
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What case supports the definition of battery?
Ireland:Burstow
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What is the actus reus for battery?
A battery can be indirect, the smallest of touches are sufficient and touching of clothes is sufficient
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What case supports indirect battery?
DPP v K
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What case supports the smallest of touches are sufficient?
Collins v Willcock
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What case supports the touching of clothes is sufficient for battery?
Thomas
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What is the mens rea for battery?
Intentionally or recklessly applying unlawful force on another
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What case supports the mens rea of battery?
Venna
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Define S47
Assault of battery occasioning in ABH
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What case supports S47 definition?
Offence Against the Person Act 1861
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What is the actus reus for S47?
ABH, occasioning, loss of conscience and psychiatric harm
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What is ABH?
Any hurt or injury calculated to interfere with the health or comfort of the victim
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What case supports ABH?
Miller
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What is occasioning?
Occasioning means causation
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What case supports momentary loss of consciousness?
DPP v T
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What case supports psychiatric harm?
Chan Fook
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What is the mens rea for S47?
The mens rea for assault or battery depending on which one is relevant
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Define S20
Wounding or causing GBH
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What case supports the definition for S20?
Offences Against the Persons Act 1861
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What is the actus reus for S20?
Wounding or GBH
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Define wounding
A cut or break in the continuity of the whole skin
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What case supports wounding?
JCC v Eisenhower
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Define GBH
Really serious harm
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What acts can be included in GBH?
Lots of smaller injuries and a biological disease
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What case supports the definition of GBH?
DPP v Smith
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What case supports lots of smaller injuries are sufficient for GBH?
Bollam
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What case supports a biological disease is sufficient for GBH?
Dica
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What is the mens rea for S20?
Intentionally or recklessly causing some harm to another
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What case supports the mens rea for S20?
Mowatt
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Define S18
Wounding or GBH with intent to cause GBH
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What case supports the definition of S18?
Offences Against the Person Act 1861
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What is the actus reus for S18?
Same as S20
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What is the mens rea for S18?
Intention to cause serious harm
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Card 2

Front

The actus reus can be?

Back

An act, an omission or a state of affairs

Card 3

Front

What are voluntary acts?

Back

Preview of the front of card 3

Card 4

Front

What is an omission?

Back

Preview of the front of card 4

Card 5

Front

What are the exceptions for omissions?

Back

Preview of the front of card 5
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