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LAW-scaffolds and criminal cases > scaffolds > Flashcards

scaffolds Flashcards

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1
Q

What is the AR of Assault

A

‘Any act which causes the victim to apprehend, immideate, unlawful personal violence’

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2
Q

What cases define ‘apprehend’, ‘immediate’ and ‘unlawful personal violence’

A

A-(Logdon) I-(Smith v woking police station) UPV-no need for contact(Ireland)

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3
Q

What is assault defined under

A

Section 39 of the criminal justice act 1988

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4
Q

What is the AR of battery

A

‘The application of unlawful force’

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5
Q

What case suggests the application of force is indirect?

A

(DPP v K)

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6
Q

What is battery defined under

A

s.39 of the criminal justice act 1988

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7
Q

What is the AR of ABH

A

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’

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8
Q

what case underlines ABH being psychiatric injury?

A

Chan Fook

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9
Q

What is ABH defined under

A

S.47 of the Offences against a person act 1861

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10
Q

AR of GBH.s20/s.18

A

‘to unlawfully or maliciously wound or inflict gbh upon another person’

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11
Q

What is wound Defined as in GBH.s20/s.18

A

Breaking both layers of the skin (Eisenhower)

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12
Q

What is Inflicting GBH defined as in GBH.s20/s.18

A

‘really serious harm’ (smith)

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13
Q

what is GBHs.20 defined under

A

s.20 of the offences against a person act 1861

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14
Q

what is GBHs.18 defined under

A

s.18 of the offences against a person act 1861

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15
Q

what is the MR of GBHs.18

A

The Mr of s.18 is the ‘intention to cause really serious harm’

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16
Q

What is the MR of GBHs.20

A

The MR of GBHs.20 is the ‘intent or recklessness to do some harm’

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17
Q

What is the MR of ABH

A

The MR of ABH is the ‘intent or recklessness to cause some harm’

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18
Q

What is the MR of Battery

A

The MR of battery is ‘the defendants intention or recklessness to apply force to the victim

19
Q

What is the MR of an assault

A

‘the intention or recklessness to causing the victim to apprehend an immediate infliction of unlawful personal violence’

20
Q

What are the three cases and Acts that break the chain of causation

A

Victims own act(roberts), medical negligence(smith), Third party acts(pagett)

21
Q

Who defines murder

A

Defined by Lord Coke

22
Q

AR of murder

A

‘The unlawful killing of a reasonable creature in being under the kings peace’

23
Q

What case states a reasonable creature in being?

A

Attorney generals reference NO.3 1994

24
Q

What is an unlawful killing

A

When someone is killed but it wasn’t done for self defence

25
Q

What is the MR of murder

A

Malice aforethought, express or implied

26
Q

what is expressed intent

A

defendant intended to kill the victim

27
Q

What case is used for implied intent

A

R v Vickers

28
Q

what is implied intent

A

when defendant intended to inflict GBH upon the victim

29
Q

What SPECIAL DEFENCE could a defendant use for murder

A

Diminished responsibility

30
Q

what is diminished responsibility defined under

A

S.52 of the Coroners justice act 2009

31
Q

what is PARTIAL DEFENCE could a defendant use for murder

A

Loss of control

32
Q

What does the defendant need to prove in the burden of proof for diminished responsibility?

A

The defendant needs to prove that they were suffering from a recognised medical condition at the time of the murder

33
Q

What must the D be suffering from in diminished responsibility

A

Abnormality of mental functioning

34
Q

what is loss of control defined under

A

S.54 and 55 of the coroners justice act 2009

35
Q

what is S.54(1)(a)

A

There must be a loss of control at the time of the killing

36
Q

What does S.54(2) state

A

Need not be sudden. However the longer the delay the more likely the D has regained self control.

37
Q

What are the cases for S.54(2)

A

R v Ahluwalia and Ibrams and gregory

38
Q

What are the qualifying triggers required in loss of control S.54(1)(b)

A

Fear-hatter S.55(3)
Anger-dawes S.55(4)
Both-humphries S.55(5)

39
Q

What is the Objective test S.54(1)(c)

A

Would someone else of the same sex and age with a normal degree of tolerance and self-restraint acted in a similar way

40
Q

what are the 4 things that would restrict this defence

A

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

41
Q

Definition of abnormality of mental functioning

A

‘a state of mind so different from that of an ordinary human being that the reasonable person would term abnormal’ R v Byrne

42
Q

What are the 4 recognised mental conditions that could cause the abnormality

A

Schizophrenia (R v Moyle), Depression (R v Gittens), Paranoia (R v Simcox), battered wife (Ahluwalia)

43
Q

The d.s ability to do one or more of what three requirements must be substantially impaired?

A

Understand the nature of their conduct, forming rational judgement, exercising self control

LAW-scaffolds and criminal cases (2 decks)

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