scaffolds

Question 1

What is the AR of Assault

Answer 1

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

Question 2

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

Answer 2

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

Question 3

What is assault defined under

Answer 3

Section 39 of the criminal justice act 1988

Question 4

What is the AR of battery

Answer 4

‘The application of unlawful force’

Question 5

What case suggests the application of force is indirect?

Answer 5

(DPP v K)

Question 6

What is battery defined under

Answer 6

s.39 of the criminal justice act 1988

Question 7

What is the AR of ABH

Answer 7

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’

Question 8

what case underlines ABH being psychiatric injury?

Answer 8

Chan Fook

Question 9

What is ABH defined under

Answer 9

S.47 of the Offences against a person act 1861

Question 10

AR of GBH.s20/s.18

Answer 10

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

Question 11

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

Answer 11

Breaking both layers of the skin (Eisenhower)

Question 12

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

Answer 12

‘really serious harm’ (smith)

Question 13

what is GBHs.20 defined under

Answer 13

s.20 of the offences against a person act 1861

Question 14

what is GBHs.18 defined under

Answer 14

s.18 of the offences against a person act 1861

Question 15

what is the MR of GBHs.18

Answer 15

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

Question 16

What is the MR of GBHs.20

Answer 16

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

Question 17

What is the MR of ABH

Answer 17

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

Question 18

What is the MR of Battery

Answer 18

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

Question 19

What is the MR of an assault

Answer 19

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

Question 20

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

Answer 20

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

Question 21

Who defines murder

Answer 21

Defined by Lord Coke

Question 22

AR of murder

Answer 22

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

Question 23

What case states a reasonable creature in being?

Answer 23

Attorney generals reference NO.3 1994

Question 24

What is an unlawful killing

Answer 24

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

Question 25

What is the MR of murder

Answer 25

Malice aforethought, express or implied

Question 26

what is expressed intent

Answer 26

defendant intended to kill the victim

Question 27

What case is used for implied intent

Answer 27

R v Vickers

Question 28

what is implied intent

Answer 28

when defendant intended to inflict GBH upon the victim

Question 29

What SPECIAL DEFENCE could a defendant use for murder

Answer 29

Diminished responsibility

Question 30

what is diminished responsibility defined under

Answer 30

S.52 of the Coroners justice act 2009

Question 31

what is PARTIAL DEFENCE could a defendant use for murder

Answer 31

Loss of control

Question 32

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

Answer 32

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

Question 33

What must the D be suffering from in diminished responsibility

Answer 33

Abnormality of mental functioning

Question 34

what is loss of control defined under

Answer 34

S.54 and 55 of the coroners justice act 2009

Question 35

what is S.54(1)(a)

Answer 35

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

Question 36

What does S.54(2) state

Answer 36

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

Question 37

What are the cases for S.54(2)

Answer 37

R v Ahluwalia and Ibrams and gregory

Question 38

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

Answer 38

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

Question 39

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

Answer 39

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

Question 40

what are the 4 things that would restrict this defence

Answer 40

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

Question 41

Definition of abnormality of mental functioning

Answer 41

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

Question 42

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

Answer 42

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

Question 43

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

Answer 43

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