Criminal Law- Assault & Battery Flashcards
What is ‘Guilty act because of what you haven’t done’
An Omission- Only applies when you have a duty of care or a duty to act.
What is ‘Guilty act because of the …………….. you have brought about’
Consequence- For example, You shoot someone that dies.
What is ‘Guilty act because of the conduct/circumstances you are found in’
State of Affairs- For example, Having a dangerous weapon in a public place (s1 PoCA 1953)
An act of parliament had said not doing something is the guilty act, e.g. not wearing a seatbelt
Statute
An employees contract has said there is a duty to do certain things. Contractual responsibility.
Pittwood
The relationship between the victim and the defendant means the defendant has a duty to do something.
Gibbons v Proctor
Defendant has a duty to act when a relative is incapable of looking after themselves.
Stone v Dobinson
Guilty of wilfully and without reasonable excuse to perform duty. E.g. a police officer does not break up a fight while off duty
R v Dytham
A defendant has a duty to act when they are able to take REASOABLE steps to deal with a situation. E.g. Calling the fire brigade about a forest fire.
Miller
What did the Defendant in White try to achieve?
What was the actual cause of death?
The defendant was trying to kill his mother with poison.
The Mother died from a heart attack before the poison took affect.
What was the act that lead to the cause of death in the Pagett case. (But For)?
Why was the defendant
The police shot and killed the girlfriend.
What is the Actus Reus for Assault?
Causing the victim to apprehend that immediate and unlawful force is about to be used against them.
What is the Mens Rea for Assault?
Intentionally causing the victim to apprehend that immediate and unlawful force is about to be used against them
What is the Actus Reus for Battery?
The application of unlawful force, however slight.
What is the Mens Rea for Battery?
The intentional application of unlawful force, however slight.
