4381278
Description
Flashcards by katy stopforth, updated more than 1 year ago
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Created by katy stopforth
almost 9 years ago
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| Question | Answer |
| Act defining Assault | s39 Criminal Justice Act 1988 |
| Assault: Acts Reus | Causing the victim to apprehend immediate unlawful violence Stephens v Myers R v Constanza Logdon v DPP R v Lamb Smith v Chief SUPT Woking R v Ireland |
| Assault: Mens Rea | intentionally causing the victim to apprehend immediate unlawful violence or being reckless as to whether the victims apprehended immediate unlawful violence R v Venna |
| Assault: Other Point | words can negate an assault Tuberville v Savage |
| Act defining Battery | s39 Criminal Justice Act 1988 |
| Battery: Actus Reus | the application of unlawful physical force R v Thomas R v Collin and Wilcock Haystead v DPP R v Matin DPP v K |
| Battery: Mens Rea | intentionally applying unlawful physical force or being reckless as to whether unlawful physical force was applied R v Venna R v Savage |
| Battery: Other Point | Battery can be committed by an omission DPP v Santana-Bermudez |
| Act defining ABH | s47 OAPA 1861 |
| Definition of ABH | 'any hurt or injury calculated to interfere with the health and comfort of the victim' R v Miller |
| ABH: Actus Reus | a common assault (assault or battery) which causes actual bodily harm R v Chan-Fook R v Ireland R v Roberts DPP v Smith |
| ABH: Mens Rea | intentionally causing the victim to apprehend immediate unlawful violence or being reckless as to whether the victims apprehended immediate unlawful violence OR intentionally applying unlawful physical force or being reckless as to whether unlawful physical force was applied R v Venna R v Savage |
| ABH: Other Point | can include unconsciousness T v DPP |
| Act defining GBH or Malicious Wounding | s20 OAPA 1861 |
| GBH or Wounding: Actus Reus | unlawfully causing really serious injury or a wound JJC v Eisenhower R v Brown and Stratton R v Burstow R v Martin R v Wood R v Dica |
| GBH or Wounding: Mens Rea | intentionally or recklessly causing some injury R v Savage |
| GBH or Wounding: Other Point | the severity of injury should be assessed according to the Vs age and health R v Bollom |
| Act defining GBH or Malicious Wounding with intent | s18 OAPA 1861 |
| GBH or Wounding with intent: Actus Reus | unlawfully causing really serious injury or a wound JJC v Eisenhower R v Brown and Stratton R v Burstow R v Martin R v Wood R v Dica |
| GBH or Wounding with intent: Mens Rea | intention to cause really serious injury/escape lawful arrest R v Belfon R Morrison |
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