Other

Question 1

How to get quasi self defence?

Answer 1

V’s behaviour constitutes an

1) immediate threat of death to others
2) encroached on their autonomy (by restricting their movement).

1) threat to D’s security of person
2) encroachment on her autonomy.

Question 2

Kelly and Lindsay

Answer 2

There is no property in Corpses, but an exception applied where it has undergone treatment.

Question 3

Assault requirement

Answer 3

The apprehension of imminent unlawful violent

Question 4

Constanza

Answer 4

written threats by letter could be an assault. As word presumably text messages.

Question 5

Is hostility needed in battery?

Answer 5

Brown - technically yes, hostility is needed. However, in this case the word was interpreted in such a way as to deprive it of any meaning.

Therefore, from brown was can infer that conduct intentionally causing that degree of harm for the purpose not judicially recognised will be hostile.

Question 6

What constituted bodily harm?

Answer 6

Any hurt or injury calculated to interfere with the health or comfort of D, provided it was more than transient and triffling
- Donovan.

However, CPS charging standards will only prosecute where really significant medical intervention is required, such as stiches.

Question 7

GBH wounding

Answer 7

A wound requires all the laywers of the skin to be pierced

• Moriarty v Brooks

Question 8

Metherham

Answer 8

GBH means “Really serious harm”.

Question 9

Grundy

Answer 9

GBH the totallity of the injuries suffered by V should be taken into accound; look at the circumstances.

Question 10

Bollom

Answer 10

Harm to a child will be more serious than harm to an adult. Grundy applied.

Question 11

Dica

Konzani

Answer 11

Infection of HIV virus is be GBH.

Question 12

What does inflicting in s20, s18 mean?

Answer 12

It means causing = Burstow

Question 13

Konzani

Answer 13

Where D is aware he might be HIV positive and did not disclose this to V, V’s consent to unprotected sexual intercourse would not be assumed to be informed consent.

Question 14

What is the mens rea for sexual?

Answer 14

D just has to be aware that the circumstances exist.

Question 15

What are the requirements for any sex offence?

Answer 15

1) act is sexual

2) Lack of consent.

Question 16

sex s76

Answer 16

it is to be conclusively presumed that V did not consent and D did not reasonably believe V consented.

Question 17

What does nature of the act mean?

Answer 17

Provided that V understands the essence of the act, V’s consent to that act will not be undermined even if V is mistaken.

Question 18

dica,

Konzani

Answer 18

D did not disclose that he may pass on an STI to V, this does not vitiate V’s consent to the sexual act

Question 19

Jheeta

Answer 19

V agreed to have sex with D in the mistaken belief, induced by D, that he was suicidal and likely to kill himself unless she agreed. D was nevertheless convicted using the general definition of consent (s74).

Question 20

Bingham

Answer 20

Devonald has been limited, D (V’s boyfriend) created a fake online persona (X). X persuaded V to take photos and send it to him, he then threatened to sent the photos on unless she took more. D was behind all of this, D explained he was doign it to make her stand up for herself, but partly also for sexual gratification. Held: distinguishing Devonald, V thought it was for sexual gratification as did D, in part.

Devonald - scope limited to where V fails entirely to apprciate D;s ourpose.

Question 21

Stripp

Answer 21

D, because he is drunk, sustains concussion. ca THOUGHT, OBITER THAT D should be acuitted on ground of automatism

Question 22

Can you rely on automatism if you drink yourself into a state?

Answer 22

Coley - held that automatism is not available where D has induced an acute state of involvuntary behaviour by his own prior fault.

Question 23

Beard

Answer 23

Insanity, even though only temporary, whether produced by drunkenness or otherwise, is a defence to the crime charged. The law takes no note of the cause of insanity.