Assaults, Murder, Manslaughter

Question 1

AR and MR of SIMPLE ASSAULT

Answer 1

-intentionally or recklessly

• caused the victim to apprehend
• immediate or unlawful personal force

Question 2

Simple Assault examples

Answer 2

• words or silence
• immediate threats

Question 3

Simple Assault and Battery sentence

Answer 3

6 months/fine

Defence: consent

Question 4

What is the AR and the MR of Battery

Answer 4

Intention or Recklessly

inflicting unlawful personal force

Question 5

Examples of battery

Answer 5

Hitting, pushing, throwing an object, spitting, setting a dog.

Question 6

Assault occasioning Actual Bodily Harm s47 offence AR and MR

Answer 6

Intention or recklessness

as to causing harm with interferes with the health and comfort of the victim

which is more than transient or trifling

Question 7

Examples of actual bodily harm

Answer 7

bruise, swelling, split lip
stitches, cutting hair, depression
psychiatric harm

Question 8

AR and MR of Wounding or Inflicting Grevious Bodily Harm s20

Answer 8

unlawfully or maliciously wounding

or inflicting gbh with intent

to inflict really serious harm

Question 9

Examples of s 20

Answer 9

Breaks both layers of the skin
Blood, Cut, Scratch
Fractured Skull

Question 11

Wounding or causing GBH with intent [s18]

Answer 11

Wounding or causing gbh with intent

or intent to resist or prevent the lawful apprehension or detention of any person

Question 12

Examples of s18 GBH

Answer 12

Really serious harm
Fractured skull
Internal injuries
Broken limbs
Disfigurement

Question 13

Sentencing of s18:

Answer 13

Indictable [crown]
life imprisonment max
Consent NOT a defene

Question 14

What is murder?

Answer 14

The unlawful killing of a human being with malice afterthought.

Question 15

AR and MR for murder

Answer 15

Intention to kill or intention to cause GBH [indirect = virtually certain] [direct]

Unlawful killing of a human being

Question 16

For murder, there is indirect and direct intent to satisfy the men’s rea: What are they?

Answer 16

The indirect intent - has to be virtually certain that death will occur [setting fire to someones house knowing they were in there with no means of escaping]

Question 17

Involuntary Manslaughter - Unlawful Act Manslaughter

Answer 17

• D commits an unlawful criminal offence [battery, robbery, crim damage, theft + MR]
• The act is dangerous
• Reasonable person sees this act as dangerous
• Causes death

Question 18

Gross Negligence Mansalughter

Answer 18

Defendant owed a duty of care

Breached that duty of care

Caused death through their conduct

Relationship of control, parent to child, employer to employee. q

Question 19

Diminished Responsibility

Answer 19

Partial defence to murder

D suffers from an abnormality of the mind from a recognised medical condition
Causing a substantial impairment which provides explanation for the killing

schitz

Question 20

Loss of Control

Answer 20

D loses ‘self control’ [snap, domestic abuse, period of time]

Loss of control has ‘qualifying trigger’ risk of violence, rape etc

Self restraint - person of D’s age and sex might have reacted the same way

Question 21

Burden and standard of proof for loss of control

Answer 21

Evidential burden on D

Legal burden on CPS beyond a reasonable doubt.

Question 22

Burden and standard of proof for diminished responsibility and insanity

Answer 22

D on the balance of probabilities