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Law Unit 2

Offences against the person

What question structure do you use when answering a non-fatal offence scenario question ? IDEA I - Identify crime committed D - Define the crime E- Explain Actus Reus and Mens Rea A - Apply test back to scenario
What type of offence is assault Common law offence
What is the definition of assault An act where D intentionally causes V to apprehend immediate infliction of unlawful force (Venna)
What is the test to identify actus reus of assault 1. Apprehend - cause fear no actual physical contact 2. Immediate - Needs to be immediate infliction 3. Unlawful - V hasnt consented to fear
What must be proved for assault to be identified Causation - Legal (Pagett/White) - Factual (Smith/Blaue) - No intervening acts ( Benge/Williams)
What is needed in mens rea for assault Intention/Recklessness to cause V to apprehend the immediate infliction of unlwaful forces (Tuberville v Savage)
What is the maximum sentence for assault s.39 Criminal Justice act 1988 - 6 months and/or $5,000
What type of offence is battery Common law offence
What is the definition of battery The application of unlawful force on another (Ireland)
What must the actus reus show for battery 1. Unlawful force - No consent and self defence 2. Direct/Indirect force - (Fagan v MPC) 3. Act/Omission - force can be applied through act or omission
What must the Mens Rea show for Battery Intent or Recklessness (Venna)
Whats the max sentence for Battery s.49 Criminal Justice act - 6 months imprisonment / $5,000 fine
What type of offence is ABH Statutory offence
What is the definition of ABH It is an offence to commit and assault occasioning ABH (s.47 OAPA 1861)
What is the AR for ABH if it is caused through assault 1. Same as assault + 2. Occasioning (Rules of Causation) 3. Actual bodily harm (Miller)
What is the AR for ABH if it is caused through Battery 1. Same as battery + 2. Occasioning (Rules of Causation) 3. Actual bodily harm (Miller)
What is the MR required for ABH Same as assault/battery (Roberts)
What is the maximum sentence for ABH 5 years Triable either way offence
What type of offence is GBH Statutory offence
What is the definition of GBH it is and offence to inflict unlawful GBH OR wounding (S.20 OAPA 1861)
What is the AR needed for GBH 1. Unlawful - No consent/self defence 2. Wounding - Break in the continuity of skin (Eisenhower) 3. Grievous bodily harm (DPP v Smith )
What is the causation required to prove GBH - Legal (Pagett/White) - Factual (Smith/Blaue) - No intervening acts ( Benge/Williams)
What is the MR required for GBH Intention / Subjective recklessness (Parmenter)
What is the max sentence for GBH 5 years imprisonment (s.20 OAPA 1861)
What type of offence is GBH w intent Statutory offence
What is the definition of GBH w intent it is and offence to inflict unlawful GBH OR wounding with intent (S.18 OAPA 1861)
What is the AR needed for GBH w intent 1. Unlawful - No consent/self defence 2. Wounding - Break in the continuity of skin (Eisenhower) 3. Grievous bodily harm (DPP v Smith )
What is the causation required to prove GBH with intent - Legal (Pagett/White) - Factual (Smith/Blaue) - No intervening acts ( Benge/Williams)
What is the MR required for GBH w intent Specific intent (Cannot be proven through recklessness) (Belfon)
What is the max sentence for GBH with intent Discretionary life sentence Indictable offence (Crown court)
What type of offence is murder Common Law offence
What is the definition of murder The unlawful killing of a reasonable person in being under the Kings peace with malice, expressed or implied
What is the AR required for Murder 1. Unlawful killing - Isnt justifed by law/state (Re A) 2. Reasonable person in being - Alivee and independent ( AG Ref ) (Malcherek) 3. Under the kings peace - Not during wartime 4. Act/Omission - Death MUST be result of act / omission
What is the causation required for murder - Legal (Pagett/White) - Factual (Smith/Blaue) - No intervening acts ( Benge/Williams/Jordan)
What is the MR required for murder Malice forethough (Gray) Express (Intent to kill) OR Implied (Intent to cause GBH) (Vickers) OR Foresight of consequence (Woolin) 1. Death virtually certain as result of D'S actions 2. Was D aware of this
What is the sentence for murder Mandatory Life sentence
Created by: Taanvi
 

 



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