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Criminal Law > Non-fatal offences > Flashcards

Non-fatal offences Flashcards

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1
Q

What is the hierarchy of NFOs?

A
  1. Wounding/GBH with intent
  2. Wounding/GBH
  3. ABH
  4. Battery
  5. Assault
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2
Q

What is the definition of assault?

A

Intentionally or recklessly causing another to apprehend immediate and unlawful violence

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3
Q

What is the actus reus of assault?

A
  • apprehension
  • immediate
  • unlawful
  • personal violence
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4
Q

What is the mens rea of assault?

A

Intentionally
Recklessly –
* Risk and
* In circumstances known to D, unreasonable to take risk

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5
Q

What is the actus reus of battery?

A
  • application
  • unlawful
  • force
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6
Q

What can application for battery be?

A
  • Directly/indirectly
  • Omission
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7
Q

What is the mens rea of battery?

A

Intentionally
Recklessly –
* Risk and
* In circumstances known to D, unreasonable to take risk

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8
Q

What are the defences to assault and battery?

A
  • self defence
  • consent
  • intoxication
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9
Q

What is the maximum penalty for battery?

A

6 months/£5000 fine

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10
Q

What is the actus reus of ABH?

A

Assault
Occasioning
Actual bodily harm

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11
Q

Can ABH be committed by omission?

A

Yes

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12
Q

What does actual bodily harm mean and what can it include?

A

calculated to interfere with health/comfort of victim
- cutting hair
- psychiatric harm

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13
Q

What is the mens rea of ABH?

A

Intention or recklessness to cause assault/battery

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14
Q

What is the actus reus of s20 GBH?

A

Wound
Inflict GBH

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15
Q

Does GBH require assault to be committed first?

A

No

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16
Q

What does wound mean for GBH?

A

Break in both layers of the skin

17
Q

What can be taken into account for GBH?

A

victim’s age and health
totality of injuries

18
Q

What can GBH include?

A

psychiatric harm (with expert evidence)

19
Q

What is the mens rea for s20 GBH?

A

Intention or recklessness to cause some harm

20
Q

What is the actus reus of s18 GBH?

A

Wound
Cause GBH

21
Q

What is the mens rea of s18 GBH and how can it be further explained?

A

Intention to cause GBH
* Doesn’t include intention to wound
* Can be indirect – virtual certainty and D appreciated

Criminal Law (8 decks)

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