What statute are the offences of GBH 18 and 20 under?
The Offences Against the Person Act 1861
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What is the mens rea of an Assault offence?
Intention or subjective recklessness
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What is the actus reus of assault?
To cause someone to apprehend immediate force
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What is a case example of an assault?
Fagan v MPC 1969
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What is the mens rea of a Battery offence?
Intention or subjective recklessness
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What is the actus reus of a Battery offence?
Unlawful application of force on another
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What is a case example of a battery?
DPP v K 1990
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What is the mens rea of an ABH offence?
Intention or subjective recklessness
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What is the actus reus of ABH?
Assault or Battery occasioning actual bodily harm
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What is an example of an ABH offence?
DPP v Smith 2006
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What is the mens rea of a GBH 20 offence?
Intention or subjective recklessness
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What is the actus reus of a GBH 20 offence?
Unlawfully wound or inflict GBH on another person
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What is the mens rea of a GBH 18 offence?
Intention to cause GBH
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What is the actus reus of a GBH 18 offence?
Unlawfully wound or cause GBH on any person
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A case example of GBH?
Ireland and Burstow 1997
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Another example of an assault?
Logdon v DPP
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What is an example of an indirect battery?
DPP v K 1990
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Another case example of a battery?
Collins v Wilcock 1984
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What is an example of a continuing act?
Fagan v MPC 1969
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Another ABH case?
Ireland v Burstow 1997 - psychiatric problems
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More cases?
Dica 2004 (HIV), Golding 2012 (Herpes),
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Problems with the law?
Mens rea is confusing in GBH, wounding, ladder of offences is not logical, the sentencing is not logical
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Reform proposals?
Normal touching would not be an assault where D did not appreciate this was unacceptable, reckless serious injury to replace gbh 20 with a sentence of 7 years, and intentional serious injury replacing s 18 - life sentence
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Other cards in this set
Card 2
Front
What statute is Assault and Battery under?
Back
S 39 of the Criminal Justice Act 1988
Card 3
Front
What statute is ABH under?
Back
Card 4
Front
What statute are the offences of GBH 18 and 20 under?
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