An act or words that causes the V to apprehend the infliction of immediate unlawful force.
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Act
Requires some act or words, omission is not enough. Can be verbal or written (Ireland/Constanza)
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Apprehend Immediate Unlawful Force
Lamb - no assault if obvious D can't use force Smith v Woking - Immediate means imminent Tuberville v Savage - Words can negate an assault
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Unlawful Force
Oppsite of lawful force - genuine consent or self-defence/prevention of a crime
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Mens Rea
Intention or recklessness
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Battery Definition
Application of unlawful force (includes the slightest touch) (Collins v Wilcock/Wood(Fraser) v DPP)
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R v Thomas
Touching clothes is a battery while wearing them
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Continuing Act
Fagan v MPC - battery can be through continuing act - only gets mens rea during actus reus
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Indirect Act
Force is applied without touch (e.g. booby trap) (DPP v K)
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Omissons
Can be a battery if there was a duty to act (DPP v K)
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Unlawful Force
Opposite of lawful force
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Mens Rea
Intention or recklessess
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s.47 ABH Definition
whosovers shall be convicted of any assault occasioning ABH shall be liable to imprisonment for 5 years. No definition of ABH or assault
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Assault
Must be an assault or battery that caused ABH
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ABH
Chan Fook - just normal words. Actual = more than trivial injury. Harm = injury hurt or damage
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R(T) v DPP
Loss of conciousness is ABH
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DPP v Smith(Michael)
Cutting off someone's ponytail was ABH
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Psychiatric Injury
Chan Fook - is ABH but doesn't include mere emotions. Confirmed in Burstow
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Mens Rea
Mens rea for assault/battery. No need for D to intend or be reckless if ABH is caused (Roberts) Confirmed by HL in Parmenter/Savage
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s.20 Definition
Malicously wound or inflict any grievous bodily harm
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Wound
A cut or break in the continuty of the whole skin. Internal bleeding is not enough (JCC v Eisenhower/Wood)
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GBH
DPP v Smith - really serious harm Saunders - serious harm Bollom - severity of injuries assessed accoring to age and health Burstow - psychiatric injury Dica - HIV
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Mens Rea
"Maliciously" Cunningham - it means intention or recklessness Parmenter - confirmed this. only need to intended/be reckless to cause some harm
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s.18 Definition
Unlwfully and maliciously wound or cause GBH to any person with intent to do some GBH or with intent to resist or prevent arrest.
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Wound and GBH
Same as s.20
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Mens Rea
Intended GBH or intended to resist arrest
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Intend GBH
Specific intent crime, recklessness is not enough. Causes issues with oblique intent (Moloney/Matthews&Alleyne/Nedrick/Woolin)
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Resisting or Preventing Arrest
Level of intention required if lower. Must prove D intended to resist/prevent arrest but only needs to intend or be reckless to cause some harm/injury (Morrsion)
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Other cards in this set
Card 2
Front
Act
Back
Requires some act or words, omission is not enough. Can be verbal or written (Ireland/Constanza)
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