non fatal offences

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  • Created by: jamie1806
  • Created on: 14-01-19 11:37
what is the actus reus of assault?
an act which causes the victim to apprehend immediate unlawful force
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what is the mens Rea of assault?
intention to cause the victim to apprehend immediate unlawful force or recklessness to cause the victim to apprehend immediate unlawful force
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what is the actus reus of battery?
the application of unlawful force to another
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what is the mens Rea of battery?
intention or recklessness to apply force to another
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what is the Actus reus of s.47 ABH OAPA 1861?
1. there must be assault or battery 2. occasioning 3. ABH- any hurt or injury that interferes with the health or comfort of the victim
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what is the mens Rea of s.47 ABH OAPA 1861?
intention or recklessness of committing battery or assault
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what is the actus reus of s.20 GBH OAPA 1861?
malicious wounding or inflicting GBH, severity of injury should be assessed by v's age and health
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what is the mens Rea of s.20 GBH OAPA 1861?
intention or recklessness to cause malicious wounding or GBH
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what is the actus reus of s.18 GBH with intent OAPA 1861?
malicious wounding or inflicting GBH
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what is the mens Rea of s.18 GBH with intent OAPA 1861?
intention to cause malicious wounding or GBH
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how do you test for recklessness?
Cunningham test- did D know there was a risk? did D take the risk anyway?
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how do you test for intention?
woollin test- was serious injury a virtual certianty? was D aware of this?
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examples of assault...
R V IRELAND - silent phone calls, R V CONSTAN- mail, SMITH V WOKING POLICE STATION- d broke into garden and stared into window
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what is a wound?
both layers of skin have to break, JCC V EISENHOWER- v was shot in the eye but bleedings underneath the surface so it wasn't a wound
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examples of s.20 GBH...
R V DICA- D passed on HIV, BURSTOW- D harassed v who's suffered from severe depression
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examples of battery...
DPP V K - acid in hand dryer, R V THOMAS- d touched her clothing, DPP V SANTA BERMBUDEZ - needle in pocket
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examples of s.47 ABH...
DPP V SMITH- d cut girlfriends ponytail of, T V DPP - d and group chased v and v fell to ground unconscious and the D was convicted of ABH
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what is the rule of omissions?
an omission is a failure to do something, you are not liable if you fail to do something
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what are the 6 exceptions?
1. statutory duty to act (when parliament override an omission) 2. a contractual duty to act ( R V PITWOOD - a railway keeper forgot to shut the gates and someone got run over)
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what are the 6 exceptions?
3. a duty because of relationship ( GIBBINS AND PROCTER- a father and his mistress diliberitly starved one of their children) 4. a duty which has been taken on ( STONE AND DOBINSON - d did not look after his sister properly and as a result she died)
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what are the 6 exceptions?
5. a duty through official position (DYTHAM- police officer saw a fight and ignored it and was found misconduct) 6. a duty where defendant has created a dangerous situation ( MILLER- a squatter accidentally set fire to a mattress and left it)
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how do you work out factual causation?
but for rule -- R V PAGETT -- d took his pregnant girlfriend and kept her hostage police called on him to surrender d came out using his gf as a shield as he shot fire and police shot back
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how do you work out legal causation?
was the actus reus of the D more than minimal cause of the injuries or death
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how can the chain be broke?
1. the act of a third party 2. the victims actions R V SMITH -- 2 soldiers dropped shot soldier ( no break) -- RV JORDAN-- v stabbed healing well until a doctor gave him antibiotics they knew he was allergic too ( break)
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what is transferred malice and whats the case?
the mens Rea attaches to the crime not the victim -- LATIMER-- D aimed to hit man who attacked him with belt however the man moved and he hit another person
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what is the contemporaneity rule?
to be guilty of a crime the d must perform the acts reus at the sam time as the mens Rea
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what is the solution to the contemporaneity rule?
the continuing act doctrine -- when the acts reus comes first it can be stretched to meet the mens Rea later
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what is the mens Rea of assault?

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intention to cause the victim to apprehend immediate unlawful force or recklessness to cause the victim to apprehend immediate unlawful force

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what is the actus reus of battery?

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what is the mens Rea of battery?

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what is the Actus reus of s.47 ABH OAPA 1861?

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