Definitions Flashcards
Murder
The unlawful killing of a human being under the king’s peace with malice aforethought
Loss of Control
A loss of self control caused by a qualifying trigger so that a person of D’s sex and age with a normal degree of tolerance and self restraint and in the same circumstances might have acted in the same or similar way
Diminished Responsibility
D’s ability to understand the nature of their conduct, form and rational judgement, and/or exercise self control was substantially impaired
Unlawful Act Manslaughter
Commit an unlawful act that causes death judged on an objective standard with the mens rea for the unlawful act
Gross Negligence Manslaughter
Owe a duty of care which was breached, causing a reasonably foreseeable injury or damage with a risk of death so negligent as to be criminal as judged by a jury
Assault
Cause V to apprehend immediate unlawful violence intentionally or subjectively recklessly
Battery
The application of unlawful force on V intentionally or subjectively recklessly
ABH
An assault or battery occasioning actual bodily harm with the mens rea of the original assault or battery
GBH - Wounding
Breaking both layers of skin
GBH s20
Serious physical or psychiatric injury, or the transmission of disease intentionally or subjectively recklessly
GBH s18
Serious physical or psychiatric injury, or the transmission of disease intentionally
Attempts
An act that is more than merely preparatory to the commission of the offence with the intent to commit the full offence
Theft
The dishonest appropriation of property belonging to another with the intention to permanently deprive
Burglary s9(1)(a)
Enters a building, or any part of a building, as a trespasser, with intent to either
- steal anything in the building
- inflict GBH on any person in the building
- unlawfully damage
Burglary s9(1)(b)
Having entered a building or a part of a building as a trespasser, he steals, attempts to steal anything in the building, or inflict, or attempts to inflict GBH in any person therein
