Definitions - Offences Against The Person Act

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  • Created by: josie03
  • Created on: 03-11-16 13:03
ASSAULT - Definition
Intentionally or recklessly putting or seeking to put a person in fear of immediate unlawful violence.
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ASSAULT - Actus Reus
The act of putting the victim in fear - this can be by words, and an act of silence. (IRELAND)
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ASSAULT - Mens Rea
The defendant must either intend or be subjectively reckless (CUNNINGHAM) as to putting the victim in fear of immediate unlawful violence.
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BATTERY - Definition
Intentionally or recklessly applying unlawful force to the victim
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BATTERY - Actus Reus
The act of applying the force - this can be the slightest push No injury is required. (DPP v K)
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BATTERY - Mens Rea
The defendant must either or be subjectively reckless as to applying on the victim
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SECTION 47 OFFENCES AGAINST THE PERSON - Definition
An assault and / or a battery that occasions Actual Bodily Harm (ABH)
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SECTION 47 OFFENCES AGAINST THE PERSON - Actus Reus
The act of either an assault or a battery that occasions ABH
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SECTION 47 OFFENCES AGAINST THE PERSON - Mens Rea
The defendant must either intend or be subjectively reckless as to the assault or the battery. (The defendant does not have to intend the injury) (SAVAGE)
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SECTION 20 OFFENCES AGAINST THE PERSON - Definition
The infliction of Grievous Bodily and/or malicious wounding
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SECTION 20 OFFENCES AGAINST THE PERSON - Actus Reus
The act of inflicting GBH and or wounding. Grievousness - (BOLLOM)
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SECTION 20 OFFENCES AGAINST THE PERSON - Mens Rea
The defendant must either intend or be subjectively reckless as to causing some harm (the defendant does not have to intend serious harm) (PARMENTER)
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SECTION 18 OFFENCES AGAINST THE PERSON - Definition
The infliction of Grievous Bodily Harm and/or malicious wounding with intent
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SECTION 18 OFFENCES AGAINST THE PERSON - Actus Reus
The act of inflicting grievous bodily harm and/or wounding.
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SECTION 18 OFFENCES AGAINST THE PERSON - Mens Rea
The defendant must INTEND (DIRECT OR OBLIQUE) to cause serious harm.
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Grievous Bodily Harm (GBH) - Definition
Really serious harm
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Actual Bodily Harm (ABH) - Definition
"Any hurt or injury that interferes with the health and comfort of the victim" ( SMITH - can be psychiatric ) (CHAN - FOOK) (T V DPP)
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Wounding - Definition
The breaking of two layers of the skin. (EISENHOWER)
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Involuntary Manslaughter - Definition
An unlawful killing where the defendant does not have the intention to kill or cause grievous bodily harm
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Coroners and Justice Act 2009 - Voluntary Manslaughter
Defendant must have lost control and there must be a qualifying trigger.
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Coroners and Justice Act 2009 - Abnormality of mental functioning
Defendant is not to be convicted of murder is: He was suffering from an abnormality of mental functioning. a) Recognised medical condition b) Substantially impaired nature, rational, self control
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Diminished Responsibility - Definition
Abnormality of mental functioning -arose from -recognised medical condition -form a rational judgement -Exercise self control -Provides an explanation for D's acts and omissions to the killing
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Substantially Impaired
Defendant's ability to do one of the following must be substantially impaired: -Understand nature of conduct -Form a rational judgement -Exercise self control (BYRNE)
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Intoxication and Diminished Responsibility
Intoxication cannot be used alone as a defence. Dietschmann (2003)
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Other cards in this set

Card 2

Front

The act of putting the victim in fear - this can be by words, and an act of silence. (IRELAND)

Back

ASSAULT - Actus Reus

Card 3

Front

The defendant must either intend or be subjectively reckless (CUNNINGHAM) as to putting the victim in fear of immediate unlawful violence.

Back

Preview of the back of card 3

Card 4

Front

Intentionally or recklessly applying unlawful force to the victim

Back

Preview of the back of card 4

Card 5

Front

The act of applying the force - this can be the slightest push No injury is required. (DPP v K)

Back

Preview of the back of card 5
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