scaffolds Flashcards
What is the AR of Assault
‘Any act which causes the victim to apprehend, immideate, unlawful personal violence’
What cases define ‘apprehend’, ‘immediate’ and ‘unlawful personal violence’
A-(Logdon) I-(Smith v woking police station) UPV-no need for contact(Ireland)
What is assault defined under
Section 39 of the criminal justice act 1988
What is the AR of battery
‘The application of unlawful force’
What case suggests the application of force is indirect?
(DPP v K)
What is battery defined under
s.39 of the criminal justice act 1988
What is the AR of ABH
Defined in (Miller) as ‘any hurt or injury the interferes with the health or comfort of the victim’ The AR is ‘That of an assault or battery, occasioning in actual bodily harm’
what case underlines ABH being psychiatric injury?
Chan Fook
What is ABH defined under
S.47 of the Offences against a person act 1861
AR of GBH.s20/s.18
‘to unlawfully or maliciously wound or inflict gbh upon another person’
What is wound Defined as in GBH.s20/s.18
Breaking both layers of the skin (Eisenhower)
What is Inflicting GBH defined as in GBH.s20/s.18
‘really serious harm’ (smith)
what is GBHs.20 defined under
s.20 of the offences against a person act 1861
what is GBHs.18 defined under
s.18 of the offences against a person act 1861
what is the MR of GBHs.18
The Mr of s.18 is the ‘intention to cause really serious harm’
What is the MR of GBHs.20
The MR of GBHs.20 is the ‘intent or recklessness to do some harm’
What is the MR of ABH
The MR of ABH is the ‘intent or recklessness to cause some harm’
What is the MR of Battery
The MR of battery is ‘the defendants intention or recklessness to apply force to the victim
What is the MR of an assault
‘the intention or recklessness to causing the victim to apprehend an immediate infliction of unlawful personal violence’
What are the three cases and Acts that break the chain of causation
Victims own act(roberts), medical negligence(smith), Third party acts(pagett)
Who defines murder
Defined by Lord Coke
AR of murder
‘The unlawful killing of a reasonable creature in being under the kings peace’
What case states a reasonable creature in being?
Attorney generals reference NO.3 1994
What is an unlawful killing
When someone is killed but it wasn’t done for self defence
What is the MR of murder
Malice aforethought, express or implied
what is expressed intent
defendant intended to kill the victim
What case is used for implied intent
R v Vickers
what is implied intent
when defendant intended to inflict GBH upon the victim
What SPECIAL DEFENCE could a defendant use for murder
Diminished responsibility
what is diminished responsibility defined under
S.52 of the Coroners justice act 2009
what is PARTIAL DEFENCE could a defendant use for murder
Loss of control
What does the defendant need to prove in the burden of proof for diminished responsibility?
The defendant needs to prove that they were suffering from a recognised medical condition at the time of the murder
What must the D be suffering from in diminished responsibility
Abnormality of mental functioning
what is loss of control defined under
S.54 and 55 of the coroners justice act 2009
what is S.54(1)(a)
There must be a loss of control at the time of the killing
What does S.54(2) state
Need not be sudden. However the longer the delay the more likely the D has regained self control.
What are the cases for S.54(2)
R v Ahluwalia and Ibrams and gregory
What are the qualifying triggers required in loss of control S.54(1)(b)
Fear-hatter S.55(3)
Anger-dawes S.55(4)
Both-humphries S.55(5)
What is the Objective test S.54(1)(c)
Would someone else of the same sex and age with a normal degree of tolerance and self-restraint acted in a similar way
what are the 4 things that would restrict this defence
If the D’s actions are for revenge S.54(4) R v Jewell, If D incited the violence S.55(6)(a), If D incited a thing that would’ve put them in the wrong S.55(6)(b), Loss of control due to sexual infidelity S.55(6)(c) R v Clinton
Definition of abnormality of mental functioning
‘a state of mind so different from that of an ordinary human being that the reasonable person would term abnormal’ R v Byrne
What are the 4 recognised mental conditions that could cause the abnormality
Schizophrenia (R v Moyle), Depression (R v Gittens), Paranoia (R v Simcox), battered wife (Ahluwalia)
The d.s ability to do one or more of what three requirements must be substantially impaired?
Understand the nature of their conduct, forming rational judgement, exercising self control
