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CriminalLiability

QuestionAnswer
Define Assault An act where D intentionally or recklessly causes the V to apprehend the immediate infliction of an unlawful force - Venna
State the maximum sentence for assault and battery and where this is stated 6months imprisonment or up to 5000 fine - set out in s.39 criminal justice act 1988
What is the men’s rea for assault Intention or recklessness (Cunningham) to cause the V to apprehend the immediate infliction of an unlawful force - Savage
Define battery The application of unlawful force on another
Define ABH It is an offence to commit an assault occasioning in actual bodily harm - S.47 OAPA 1861
What is the mens rea for ABH Intention or recklessness to apply unlawful force to another
Maximum sentence for ABH Triable either offence either summary or indictable max sentence - 5yrs - S.20 OAPA
Define GBH It is an offence to inflict unlawful GBH or wounding (either)
Define wounding in GBH A break in the continuity of the skin - Eisenhower
What is the men’s rea for GBH Parmenter- intention or subjective recklessness to cause some harm
What is the maximum sentence for GBH 5yrs (triable either way) section 20 OAPA 1861
Define GBH with intent It is an offence tocause unlawful GBH or wounding with intent
What is the men’s Rea for GBH with Intent Belfon - specific intent is required : - repeated or planned attack - use of weapon - making prior threats
What is the maximum sentence for GBH with intent Indictable offence - discretionary life sentence s18 OAPA 1861
Define Murder The unlawful killing of a reasonable person in being and under the Kings peace with malice aforethought, express or implied
What does a reasonable person in being mean Alive or independant (Malcherek)
What does under the kings peace mean Not during war time
What is the men’s Rea for murder Express- intention to kill Implied- intention to cause GBH
Created by: Studyykay
 

 



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