Assaults Murder Defences Flashcards
Section 18
Statute Penalty
AR MR
Case law
Offences Against the Person Act 1861
Wounding or causing GBH with intent - life imprisonment / indictable only.
AR - wounding or causing GBH
MR - intention to cause GBH / or intent to resist/prevent arrest with intent/recklessness to some harm
Walker = unlawful arrest not guilty
Bentley = belief unlawful not enough
GBH = serious harm = DPP v Smith
Section 20 What is plus penalty and definition AR MR Definition and case law Foresee?
Maliciously wound or inflict GBH - 5yrs / either way
Maliciously-intention or recklessness- Cunningham
AR causing a wound or inflicting GBH
MR intention to harm or reckless to causing harm
Must foresee some harm and go on to take it-r v g
Wound = blood = moriarty v Brooke’s
GBH = serious harm - DPP v smith
R v Lewis - do not need battery / scared jump window
Section 47 and penalty
Foresee?
Assault occasioning abh - 5yrs/either way
AR common assault or battery causing abh
MR intent or recklessness to commit common assault or battery
do not need to foresee harm-savage;parmenter
Miller =does not need to be serious/ haircut=DPP v smith
Mental harm r v chan fook req med evidence
Battery
Statute and penalty
AR MR
Case law
Section 39 of the Criminal Justice Act 1988 - 6mths summary
AR Infliction of unlawful personal violence
MR intention or recklessness to whether such violence is inflicted
Haystead - caused drop baby
Common Assault
AR MR
Case law
AR Act causes victim to apprehend immediate unlawful violence -not creeping
MR intention to cause victim to apprehend violence or recklessness as to such apprehension = R v Venna
Fagan- classic definition / Ireland-words can be assault
Burstow -must be immediate
Factual causation
But for test-but for defendants actions would death occurred
R v white - poisoning mothers drink
Legal causation
Is defendants actions
1. Operating and substantial cause of death injury
-malcherek
2 any intervening act was foreseen or foreseeable with no significant intervening act - r v Pagett
Legal causation cases
Eggshell skull cases- Owen v Liverpool - to include cracks
R v blaue-blood transfusion post stabbing
R v Pitts - escaping
R v Williams & Davies - jumping from car
R v Cheshire - medical treatment so independent break chain
R v malcherek - operating and substantial cause
Consent
R v Barnes - sport exemption
R v brown - sadomasochist acts no defence of consent
Defence of reasonable chastisement
A v UK
Duress / murder
No defence to murder / Howe
Voluntary Intoxication defence
Defence to specific intent crimes - murder
DPP v majewski
Involuntary intoxication defence
Defence to any crime if no men’s rea formed
R v kingston
Murder - AR & MR
Note transferred malice case
AR - causing unlawful killing of human being- coke
MR - with the intention to kill or do GBH
Transferred malice- Latimer
Murder full defences - self defence x2
S.76 of the Criminal Justice and Immigration Act 2008
S.76(3) requires reasonable force subjectively - Gladstone Williams
S.76(6) than objectively
S.76(7),heat of moment considered as in Palmer
S.76(5) mistaken belief voluntary intoxication no good (as in O’Grady)
S.3(1) of the Criminal Law Act 1967 - reasonable force prevention of crime