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