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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Other cards in this set
Card 2
Front
what is the mens Rea of assault?
Back
intention to cause the victim to apprehend immediate unlawful force or recklessness to cause the victim to apprehend immediate unlawful force
Card 3
Front
what is the actus reus of battery?
Back
Card 4
Front
what is the mens Rea of battery?
Back
Card 5
Front
what is the Actus reus of s.47 ABH OAPA 1861?
Back
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