Hey there! Sign in to join this conversationNew here? Join for free
    • Thread Starter
    Offline

    0
    ReputationRep:
    a question on causation

    i understand that causation only needs to be proved on result crimes i.e murder and not conduct crimes such as theft or rape/

    am i correct in stating that casuation must be proved for an offence under s.18, s.20 or 47 of the OAPA?
    that is offences of grevious bodily harm..grevious bodily harm with intent and acutal bodily harm.


    also one more question

    when trying to prove an offender commited gbhmust i first prove the actus reus and mens rea of assault and battery first?..or just prove the actus reus and mens rea of gbh only?

    thanks!
    Offline

    0
    ReputationRep:
    Yes, you can look at causation for GBH S18 +S20 and ABH S47, but as long as it's proved that the defendant's actions caused the resulting injury that should suffice. The majority of cases involving causation are homicide related.

    I think you only need to prove GBH AR and MR as they have a higher standard of MR and AR so by proving them you're probably already proving assault and battery. But work your way up through each level from Assault, Battery, ABH, GBH S20 and GBH S18.
    Offline

    0
    ReputationRep:
    (Original post by over 9000!)
    a question on causation

    i understand that causation only needs to be proved on result crimes i.e murder and not conduct crimes such as theft or rape/

    am i correct in stating that casuation must be proved for an offence under s.18, s.20 or 47 of the OAPA?
    that is offences of grevious bodily harm..grevious bodily harm with intent and acutal bodily harm.
    Yes, you would need to show that the defendant's actions caused the specific harm that constitutes the GBH or ABH.

    when trying to prove an offender commited gbhmust i first prove the actus reus and mens rea of assault and battery first?..or just prove the actus reus and mens rea of gbh only?
    If you're asked on an exam "discuss whether X has committed GBH" then there's no need to start with the lower crimes. You should directly answer what you're asked.

    However, if you get the more common general question "discuss the criminal liability of X", then you will of course want to assess their liability at each level. How you structure that answer will depend very much on the question.

    I'm not a fan of the "start at the bottom and work up" approach, because I find that you end up repeating a lot. I like to start at the top, and work my way down. That way, by the time I get to battery and common assault, there's not much to do except refer to what you've already said, state the threshold that you need to reach for those offences, and then draw conclusions.
    • Thread Starter
    Offline

    0
    ReputationRep:
    thanks very much guys!!!!thats a big help
 
 
 
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    What's your favourite Christmas sweets?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Quick reply
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.