flow charts (non-fatals) Flashcards

1
Q

grievous bodily harm with intent (paragraph 1)

A
  • the d (name) will face liability for wounding with intent to cause GBH and/or causing grievous bodily harm with intent contained in section 18 Offences Against the Person Act 1861 for the incident…
  • refer to the act that has caused the injury
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2
Q

grievous bodily harm with intent (paragraph 2)

A
  • the injury must be either a wound defined in Eisenhower as a break to both layers of the skin (cuts characterised by bleeding) or Grievous Bodily Harm (GBH) defined in Smith as Really serious harm (fractures, brain damage, paralysis etc.) Apply to the facts. Identify specific injury.
  • consider the effect of the injury on the health of the victim - Bollom. - injuries to one person may be really serious, particularly if victim is vulnerable.
  • injury could be psychological - Burstow.
  • combination of minor injuries may amount to GBH - Brown & Stratton.
  • possible causation issues.
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3
Q

grievous bodily harm with intent (paragraph 3)

A
  • define mens rea of the offence - ‘intention to cause grievous bodily harm’ (GBH) - Taylor.
  • apply mens rea to facts of the case, for direct intention, ask whether the d’s aim was to cause GBH and for indirect intent ask whether really serious harm was a virtually certain consequence of the act and whether the d knew that it was virtually certain. if so, the jury may infer intent.
  • remember possible transferred malice issues - Latimer, Mitchell.
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4
Q

grievous bodily harm with intent (conclusion)

A
  • d is likely to be guilty/not guilty of wounding with intent to cause serious harm or inflicting GBH with intent.
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5
Q

assault (paragraph 1)

A
  • the d (name) will face liability for the offence of assault (section 39 Criminal Justice Act 1988) for the incident at… (briefly refer to the incident)
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6
Q

assault (paragraph 2)

A
  • define actus reus of assault ‘Any act or words that causes the victim to fear/apprehend the immediate infliction of unlawful force. use the facts of the scenario and refer to case law to discuss ‘immediate’ - Constanza ‘Anytime, not excluding the immediate future’.
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7
Q

assault (paragraph 3)

A
  • define mens rea of assault. intention or recklessness to cause the victim to fear the immediate infliction of unlawful force - Savage.
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8
Q

assault (paragraph 4)

A
  • apply mens rea to facts of scenario, for intention, ask whether the d’s aim is to bring about the fear of immediate unlawful force and for recklessness ask whether the d has taken a risk that the victim will fear the immediate infliction of unlawful force but carried on regardless. remember to use the facts to back up your argument (possible transferred malice issue - Latimer).
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9
Q

assault (conclusion)

A
  • the d is likely or unlikely to be found guilty of an assault.
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10
Q

battery (paragraph 1)

A
  • the d (name) will face liability for the offence of battery contained in section 39 Criminal Justice Act 1988 for the incident at… (briefly refer to the incident).
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11
Q

battery (paragraph 2)

A
  • define the actus reus of battery, ‘ the application of unlawful force to another’ Collins v Willcock. The slightest of touching is sufficient - even the touching of a persons clothing - Thomas. Don’t forget that the battery may be indirect - Haystead, Martin or DPP v K.
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12
Q

battery (paragraph 3)

A
  • apply the actus reus of battery to the facts of the scenario, explain what the application of unlawful force is in the case, e.g. punch, kick, push, spitting or any other contact.
  • define the mens rea of battery, intention or recklessness to apply unlawful force - Venna.
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13
Q

battery (paragraph 4)

A
  • apply the mens rea to the facts of the scenario, for intention, ask whether the d’s aim is to apply unlawful force and for recklessness ask whether the d has taken a risk that unlawful force will be applied to the victim yet he carried on regardless. remember to use the facts to back up your argument. (remember possible transferred malice issues - Latimer).
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14
Q

battery (conclusion)

A
  • the defendant is likely or unlikely to be found guilty of a battery.
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15
Q

assault occasioning actual bodily harm (paragraph 1)

A
  • the d (name him) will face liability for an assault occasioning actual bodily harm contained in section 47 of Offences Against the Person Act 1861 for the incident…
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16
Q

assault occasioning actual bodily harm (paragraph 2)

A
  • the offence can only be committed if the d commits either an assault or a battery - Venna. Decide which of these offences is relevant and explain and apply the actus reus of that offence using relevant case law.
17
Q

assault occasioning actual bodily harm (paragraph 3)

A
  • the assault or battery must cause the injury, you may need to refer to the rules of causation, in particular be aware of possible breaks in the chain of causation - Act of a 3rd party - Pagett, Smith, Cheshire and victim’s own act (escape cases) - Roberts and the thin skull rule - Blaue.
18
Q

assault occasioning actual bodily harm (paragraph 4)

A
  • define actual bodily harm (ABH) using the definitions in Miller ‘Any injury or hurt calculated to interfere with the health and comfort of the victim’ and in Chan-Fook ‘and injury not so trivial as to be wholly insignificant.’ apply these definitions to the facts of the scenario, make specific reference to the actual injury sustained by the victim. remember the injury could be psychological such as depression - Chan-Fook, it could also be cutting someone’s hair - Smith.
19
Q

assault occasioning actual bodily harm (paragraph 5)

A
  • the mens rea for s47 is the mens rea for the original assault or battery - Roberts or Savage. The injury is irrelevant at this stage. Refer to the specific mens rea of the assault or battery. explain the mens rea and apply it to the facts. remember possible transferred malice issues - Latimer, Mitchell.
20
Q

assault occasioning actual bodily harm (conclusion)

A
  • the defendant is likely or unlikely to be found guilty of an assauly occasioning actual bodily harm.
21
Q

malicious wounding/infliction of Grievous Bodily Harm (paragraph 1)

A
  • the d (name him) will face liability for malicious wounding and/or malicious infliction of grievous bodily harm contained in section 20 Offences Against the Person Act 1861 for the incident…
  • the d must have committed an unlawful act - refer to the act that has caused the injury.
22
Q

malicious wounding/infliction of Grievous Bodily Harm (paragraph 2)

A
  • the injury must be either a wound defined is Eisenhower as break to both layers of the skin (cuts characterised by bleeding) or Grievous Bodily Harm (GBH) defined in Smith as Really serious harm (fractures, brain damage, paralysis etc). Apply to the facts. Identify the specific injury.
  • remember, you should consider the effect of the injury on the health of the victim - Bollom - injuries to one person may be really serious particularly if the victim is vulnerable.
  • the injury could be psychological - Burstow.
  • a combination of minor injuries may amount to GBH Brown & Stratton.
  • be aware of possible causation issues.
23
Q

malicious wounding/infliction of Grievous Bodily Harm (paragraph 3)

A
  • define the mens rea of the offence - ‘intention or recklessness to cause some harm’ - Mowatt.
  • apply mens rea to the facts of the case, for intention, ask whether the d’s aim was to cause some harm and for recklessness, ask whether the d has taken a risk that some harm may be caused by carried on regardless.
  • remember possible transferred malice issues - Latimer, Mitchell.
24
Q

malicious wounding/infliction of Grievous Bodily Harm (conclusion)

A
  • the d is likely to be guilty or not guilty of malicious wounding or malicious inflicting of GBH.