Key elements Flashcards
What are the key aspects of assault?
- Words
- Fear of Force
- Immediate Force
- Mens Rea: intention or recklessness to cause fear.
What are the key aspects of battery?
- unlawful force
- lawful force
- can be an indirect act
- application of force
- Mens Rea: intention or recklessness apply force.
What are they key aspects of ABH?
- Common assault
- Occasioning (causation)
- Actual Bodily Harm
- Mens Rea: intention or recklessness for assault.
What are the key aspects of GBH?
- unlawful
- wound
- Grievous Bodily Harm
- Causation
- Mens Rea: “malicious” means intentionally or recklessly cause some harm.
What are the key aspects of GBH with intent?
- unlawful
- wound
- GBH
- causation
- direct intent
What are the key aspects of murder?
- unlawful killing
- reasonable being
- under the kings peace
- intention to kill or cause GBH.
What are the key aspects of diminished responsibility?
- Mental abnormality
- nature of the act not understood
- this abnormality is a contributing factor
What are the key aspects of loss of control?
- loss of self control
- qualifying trigger
- person of same age and sex would act the same.
What are the key aspects of unlawful act manslaughter?
- unlawful act
- Dangerous situation
- substantial cause of death.
- Intention to cause harm
What are the key aspects of gross negligence manslaughter?
- Duty of care
- Breach of duty caused death
- Risk of death
- Judge by behaviour not by mind.
What are the key aspects of theft?
- Appropriation
- belonging to another
- dishonesty
4.intention to permanently deprive
What are the key aspects of duress?
Hassan flash card!!
1. Threat to cause a serious death or injury
2. Must be directed at the defendant or their immediate family
3. Whether the defendant acted reasonably
4. Threats are directly related to the crime
5. No evasive action could have been taken
6. Not laid themselves open to threats
What are the key aspects of insanity?
- Defect of reason
- Disease of the mind
- Knowing the nature of the act
What are the key aspects of self defence?
- Was the force necessary?
- Was the force reasonable?
What are the key aspects of automatism?
Insane automatism: automatism is a result of a disease of the mind- M’Naughten.
Non-Insane automatism: the actual reus was not voluntary- external
Self-induced automatism: his/her conduct is likely to bring on an automatic state e.g. diabetes.
