Criminal Law

Question 1

Assault section

Answer 1

S.39 CJA

Question 2

Assault mens rea

Answer 2

intent or recklessness as to causing the victim to apprehend

Question 3

Assault actus reus

Answer 3

any act which causes the victim to apprehend immediate unlawful, personal violence

Question 4

Battery section

Answer 4

s.39 CJ

Question 5

Battery mens rea

Answer 5

intent or recklessness as to applying unlawful force

Question 6

Battery actus reus

Answer 6

the application of unlawful physical force

Question 7

ABH defined as in

Answer 7

(Miller): any hurt or injury that interferes with the health & comfort of the victim

Question 8

ABH actus reus

Answer 8

that of assault or battery, occasioning actual bodily harm.

Question 9

ABH harm physical or psychiatric in

Answer 9

Chan Fook

Question 10

ABH mens rea

Answer 10

intent or recklessness as to committing an assault/battery, the D doesn’t need to foresee any harm

Question 11

ABH section

Answer 11

s47 OAPA 1861

Question 12

GBH s.18 act

Answer 12

OAPA 1861

Question 13

GBH s.18/20 actus reus

Answer 13

to unlawfully & maliciously wound or cause GBH upon another person

Question 14

Wounding & GBH defined in

Answer 14

Einsenhower as breaking both layers of the skin
Smith, GBH= really serious harm

Question 15

GBH s.18 mens rea

Answer 15

intent to cause really serious harm (smith). specific intent crime recklessness doesn’t suffice.

Question 16

GBH s.20 mens rea

Answer 16

intent or recklessness to cause ‘some harm’. doesn’t need intention for serious harm, some will suffice

Question 17

Murder defined in

Answer 17

Lord Coke 1797- ‘the unlawful killing of a reasonable being under the Queen’s peace’

Question 18

Mens rea of murder

Answer 18

malice aforethought expressed or implied, direct expressed (Mohan) or indirect expressed intention (Woolin)

Question 18

Attorney Generals Reference (no.3 of 1994) 1997

Answer 18

victim must be born alive and cannot be a foetus

Question 19

Loss of control section

Answer 19

s.54-55 of the Coroners Justice Act 2009

Question 20

Qualifying triggers for loss of control

Answer 20

Fear (s.55(3)) of violence from the v against d (Martin)

Anger (s.55(4)) thing said/done that constituted to an extremely grave character, justifiable sense of feeling wronged (Bowyer)

Combination (both acts)

Question 21

3 restrictions for loss of control

Answer 21

incited for an excuse for violence s.55(a)
incited for feeling seriously wronged s.55(b)
sexual infidelity s.55(c)

Question 22

Loss of control objectivity test

Answer 22

a person of the same age and sex,with a normal degree of tolerance (irrational prejudices excused e.g racism (mohammed) and self-restraint might have reacted in the same way
bad temper excluded

Question 23

Diminished responsibility act

Answer 23

s.52 of the Coroners and Justice Act 2009

Question 24

First requirement of DR

Answer 24

Abnormality of mental functioning
‘Byrne’- state of mind so different from that of ordinary human beings that the reasonable man would term in abnormal

Question 25

Second requirement of DR

Answer 25

Abnormality arises from recognised medical condition suffered at time of killing
depression (Gittens)
paranoia (Simcox)
schizophrenia (Moyle)
medical evidence needed (Sutcliffe)
alcohol dependency syndrome (Woods)