Non Fatal Offences

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  • Created by: madd1
  • Created on: 04-12-19 11:52
What is the AR of Assault?
Causing the victim to apprehend the immediate use of force/violence.
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What the is MR of Assault?
Intention/Subjective recklessness as to cause the AR.
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What case can support the AR of Assault and why?
Smith v Chief Superintendent: This is because it raises questions about the immediacy required to be found liable for the offence. As long as the victim had immediate fear of what would occur in the imminent future, you could be found liable.
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What case can support the MR of Assault and why?
Logdon: As long as the victim has reasonable cause to fear that force was about to be inflicted, the defendant can be liable due to recklessness.
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What is the AR of Battery?
The application of unlawful force.
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What is the MR of Battery?
Intention/Subjective recklessness as to cause the AR.
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What case can support the AR of Battery and why?
R v Thomas: Which held that even the slightest touch can be considered a battery, if not consented.
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What is the exception to Battery case study?
Collins v Wilcox: Held that we must allow everyday exingencies to occur
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What case can support the MR of Battery and why?
Cunningham: Shows that subjective recklessness is considered to be when the defendant sees the risk and goes ahead with the crime anyway.
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What is the AR of ABH - S47?
Assault/Battery - Occasioning ABH.
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What is the MR of ABH - S47?
Intention/Subjective recklessness as to an assault/battery.
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What case can support the AR of ABH and why?
Smith: As it specifies that an ABH does not need to be painful as to cause harm.
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What case can support the MR of ABH and why?
Roberts: As it states that there does not need to be a different MR for the ABH.
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What is the AR of GBH - S20?
Inflicting a wound or GBH.
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What is the MR of GBH - S20?
Intention/Subjective recklessness as to some harm.
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What cause can support the AR of GBH and why?
Saunders + Brown and Stratton.
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What case can support the AR of a wound and why?
Martin + Eisenhower.
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What case can support the MR of GBH and why?
Mowatt: No need to intend or to be reckless as to cause the actual wounding/GBH.
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What is the AR of S18?
Causing a wound or GBH.
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What is the MR of S18?
Intention as to GBH.
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What case can support the AR of S18?
Matin + Brown and Stratton.
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What case can support the MR of S18?
Taylor: No intend to wound.
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Other cards in this set

Card 2

Front

What the is MR of Assault?

Back

Intention/Subjective recklessness as to cause the AR.

Card 3

Front

What case can support the AR of Assault and why?

Back

Preview of the front of card 3

Card 4

Front

What case can support the MR of Assault and why?

Back

Preview of the front of card 4

Card 5

Front

What is the AR of Battery?

Back

Preview of the front of card 5
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