Law

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Actus Reus of Assault
causing a person to apprehend the immediate application of unlawful force.
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Actus Reus of Battery
application of unlawful force on another
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Mens Rea of Assault
either intention or recklessness as to the application of force.
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Mens Rea of Battery
intending the victim to cause the apprehension of unlawful force or foreseeing that the victim might be caused such apprehension
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Assault Definition
An act which causes the victim to apprehend to the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.
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Battery Defintion
The application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.
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R v Ireland 1997
No words alone may satisfy- Assault AR
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Constanza (1997)
Letters could be sufficient- Assault AR
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Smith v Chief Superintendent of Woking Police Station (1983)
Fear of immediate force is necessary; immediate does not mean instantaneous, but 'imminent'- Assault
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Assault is covered under
S39 of the criminal justice act
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Battery is covered under
s39 of the criminal justice act
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punishment for assault
6 months imprisonment or £5,000 fine
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Collins v Wilcock (1984)
force can include the slightest of touching- battery AR
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Thomas (1985)
touching the victims clothes can be battery- batteryAR
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R v Lamb (1967)
The person must immediately fear violence- Assault AR
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DPP v K
can be committed through an indirect act- battery AR
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Fagan
can be committed through a continuing act-battery AR
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Santana-Bermudez
can be committed through an omission- battery AR
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Battery without an assault
can occur where the victim is unaware that unlawful force is going to be used upon him
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punishment for battery
6 months imprisonment or £5,000 fine
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Mohan
direct intention- Battery MR
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Woolin
indirect intention- Battery MR
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Cunningham
Recklessness, the D realised there was an unjustifiable risk and took it anyway Battery MR
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ABH defintion
Hurt or injury calculated to interfere with health or comfort
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Actus Reus of ABH
Assault or battery which causes Actual bodily harm
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Sentence for ABH
max 5 years imprisonment
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R v Smith (2006)
cutting off hair is sufficient- AR ABH
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Chan Fook (1994)
injury does not necessarily need to be permanent AR-ABH
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T v DPP
loss of consciousness even momentarily considered AR-ABH
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Mens Rea of ABH
D must intend or be subjectively reckless as to whether the victim fears or is subjective to unlawful force
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ABH is covered under
S49 of the OAPA act
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Section 20 GBH
Unlawfully Wounding or infliction of GBH on another person
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Actus Reus s20 GBH
Unlawfully Wound or inflict GBH on another person
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sentencing s20 gbh
maximum 5 years
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DPP v Smith
gbh means really serious harm- harm does not have to be life threatening
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Eisenhower
wounding as cutting of the whole skin
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Bollom
victims age and health should be taken into account
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men's rea s20 gbh
D must have the intention or be reckless as to the causing of some harm. There is no need for the prosecution to establish that they intended or was reckless as to causing serious harm:
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Other cards in this set

Card 2

Front

application of unlawful force on another

Back

Actus Reus of Battery

Card 3

Front

either intention or recklessness as to the application of force.

Back

Preview of the back of card 3

Card 4

Front

intending the victim to cause the apprehension of unlawful force or foreseeing that the victim might be caused such apprehension

Back

Preview of the back of card 4

Card 5

Front

An act which causes the victim to apprehend to the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.

Back

Preview of the back of card 5
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