Definitions - Offences Against The Person Act - Flashcards in A Level and IB Law

ASSAULT - Definition

Intentionally or recklessly putting or seeking to put a person in fear of immediate unlawful violence.

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ASSAULT - Actus Reus

The act of putting the victim in fear - this can be by words, and an act of silence. (IRELAND)

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ASSAULT - Mens Rea

The defendant must either intend or be subjectively reckless (CUNNINGHAM) as to putting the victim in fear of immediate unlawful violence.

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BATTERY - Definition

Intentionally or recklessly applying unlawful force to the victim

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BATTERY - Actus Reus

The act of applying the force - this can be the slightest push No injury is required. (DPP v K)

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BATTERY - Mens Rea

The defendant must either or be subjectively reckless as to applying on the victim

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SECTION 47 OFFENCES AGAINST THE PERSON - Definition

An assault and / or a battery that occasions Actual Bodily Harm (ABH)

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SECTION 47 OFFENCES AGAINST THE PERSON - Actus Reus

The act of either an assault or a battery that occasions ABH

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SECTION 47 OFFENCES AGAINST THE PERSON - Mens Rea

The defendant must either intend or be subjectively reckless as to the assault or the battery. (The defendant does not have to intend the injury) (SAVAGE)

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SECTION 20 OFFENCES AGAINST THE PERSON - Definition

The infliction of Grievous Bodily and/or malicious wounding

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SECTION 20 OFFENCES AGAINST THE PERSON - Actus Reus

The act of inflicting GBH and or wounding. Grievousness - (BOLLOM)

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SECTION 20 OFFENCES AGAINST THE PERSON - Mens Rea

The defendant must either intend or be subjectively reckless as to causing some harm (the defendant does not have to intend serious harm) (PARMENTER)

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SECTION 18 OFFENCES AGAINST THE PERSON - Definition

The infliction of Grievous Bodily Harm and/or malicious wounding with intent

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SECTION 18 OFFENCES AGAINST THE PERSON - Actus Reus

The act of inflicting grievous bodily harm and/or wounding.

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SECTION 18 OFFENCES AGAINST THE PERSON - Mens Rea

The defendant must INTEND (DIRECT OR OBLIQUE) to cause serious harm.

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Grievous Bodily Harm (GBH) - Definition

Really serious harm

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Actual Bodily Harm (ABH) - Definition

"Any hurt or injury that interferes with the health and comfort of the victim" ( SMITH - can be psychiatric ) (CHAN - FOOK) (T V DPP)

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Wounding - Definition

The breaking of two layers of the skin. (EISENHOWER)

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Involuntary Manslaughter - Definition

An unlawful killing where the defendant does not have the intention to kill or cause grievous bodily harm

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Coroners and Justice Act 2009 - Voluntary Manslaughter

Defendant must have lost control and there must be a qualifying trigger.

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Coroners and Justice Act 2009 - Abnormality of mental functioning

Defendant is not to be convicted of murder is: He was suffering from an abnormality of mental functioning. a) Recognised medical condition b) Substantially impaired nature, rational, self control

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Diminished Responsibility - Definition

Abnormality of mental functioning -arose from -recognised medical condition -form a rational judgement -Exercise self control -Provides an explanation for D's acts and omissions to the killing

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Substantially Impaired

Defendant's ability to do one of the following must be substantially impaired: -Understand nature of conduct -Form a rational judgement -Exercise self control (BYRNE)

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Intoxication and Diminished Responsibility

Intoxication cannot be used alone as a defence. Dietschmann (2003)

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Definitions - Offences Against The Person Act

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