1. Mentally disabled 2. Unable to communicate, Under 18? 3. Where consent uninformed/not given freely OR obtained via fraud.

🚨Criminal Law: Assaults/Homicide Flashcards by Lily Hudson

What are the assaults?

Wounding or causing GBH with intent (S18 OAPA 1861)
Maliciously wounding or inflicting GBH (S20 OAPA 1861)
Assault occasioning actual bodily harm (s47)
Battery (aka. Physical assault) (common law offence but charged under s 39 CJA 1988)
Simple assault (aka. Technical assault) (common law offence but charged under s 39 CJA 1988)

How well did you know this?

Not at all

Perfectly

AR and MR simple assault

AR: Causing victim to apprehend immediate and unlawful personal force.

MR: Intention/recklessness as to cause the victim to apprehend immediate unlawful personal force.

How well did you know this?

Not at all

Perfectly

AR and MR battery

AR: Infliction of unlawful personal force

MR: Intentionally or recklessly inflicting unlawful personal force

How well did you know this?

Not at all

Perfectly

AR and MR of assault occasioning actual bodily harm (s47)

AR: assault or battery occasioning actual bodily harm

MR: Intention or recklessness as to causing the victim to apprehend immediate and unlawful personal force or inflicting such force

How well did you know this?

Not at all

Perfectly

AR and MR of Maliciously wounding or inflicting GBH (S20 OAPA 1861)

AR: Unlawfully wound or inflict GBH.

MR: Maliciously (Intention/recklessness) as to causing some bodily harm

How well did you know this?

Not at all

Perfectly

AR and MR of Wounding or causing GBH with intent (S18 OAPA 1861)

AR: Unlawfully wound or cause GBH

MR: intention to cause GBH
OR (police officer victim)
intent to resist/prevent lawful apprehension/detention of any person AND intention/recklessness as to ABH.

How well did you know this?

Not at all

Perfectly

Simple assault: is physical contact needed?

How well did you know this?

Not at all

Perfectly

Simple assault: can silence count?

Yes

How well did you know this?

Not at all

Perfectly

Simple assault: can conditional threats count?

Only if if immediate force feared

How well did you know this?

Not at all

Perfectly

Is a Police officer using reasonable force to make arrest simple assault?

No if reasonable force used

How well did you know this?

Not at all

Perfectly

Battery: what types of force can be inflicted?

Direct
Throwing/spitting
Setting dog
Tripping over

How well did you know this?

Not at all

Perfectly

s47: what does ‘occasions’ mean?

factual and legal causation apply

How well did you know this?

Not at all

Perfectly

s20: what does ‘unlawfully mean?

no lawful justification eg. Self defence/in defence of another

How well did you know this?

Not at all

Perfectly

What is Actual Bodily Harm ABH

Any injury which interferes with the health/comfort of
victim which need not be permanent but must be more than transient or trifling.

How well did you know this?

Not at all

Perfectly

Does ABH include psychiatric harm?

Yes if recognisable clinical condition

How well did you know this?

Not at all

Perfectly

What is a wound?

breaking both layers of skin resulting in bleeding
NOT bruising or non-severe internal bleeding

How well did you know this?

Not at all

Perfectly

What is grevious bodily harm?

Really serious harm
Eg. fractured skill, severe internal injuries, broken limbs, disfigurement from acid, really serious psychiatric injuries

How well did you know this?

Not at all

Perfectly

Classification and max sentence for s18

Indictable only, life

How well did you know this?

Not at all

Perfectly

Classification and max sentence for s20/s47

Either way, 5y

How well did you know this?

Not at all

Perfectly

Classification and max sentence for s39

Summary only, 6m and/or fine

How well did you know this?

Not at all

Perfectly

What defence can be used to the assaults?

Consent

How well did you know this?

Not at all

Perfectly

Who has the legal burden to raise/prove the defence of consent?

Defendant on balance of probabilities

How well did you know this?

Not at all

Perfectly

What do people impliedly consent to?

inevitable physical contact occurring as part of everyday life

How well did you know this?

Not at all

Perfectly

Who cant consent?

Mentally disabled
Unable to communicate, Under 18?
Where consent uninformed/not given freely OR obtained via fraud.

How well did you know this?

Not at all

Perfectly

When is consent not a defence and what are the exceptions to this?

Where harm intended/caused (ie, to statutory assaults) EXCEPT 1. Surgical ops 2. Dangerous exhibitions 3. Properly conducted sport 4. circumcision, tattooing, ear piercing, religious flagellation 5. Horseplay ('rough and ill disciplined behaviour) 6. Risk of STI

Is the list of exceptions to consent not applying where harm is caused finite?

No, list not closed?

# 3 What is NOT a recognised exception to consent applying where harm caused?

1. Sadomasochism 2. Body modification 3. Rough sex/wounding for sexual gratification

What is the AR of all homicides?

unlawful killing of a reasonable creature in being

Legal definition of death?

the irreversible death of the brain stem which controls the basic functions of the body such as breathing

Can murder apply to a foetus

No must be wholly expelled from the mothers body, be alive

Sentence for murder

mandatory life

AR and MR of murder

AR: unlawfully cause the death of a human being (under monarchs peace) MR: intention to kill or cause GBH

Are 'mercy killings' murder?

Yes

What are the partial defences to murder to turn murder into voluntary manslaughter?

Diminished responsibility Loss of control

Elements of diminished responsibility?

1. Abnormality of mental functioning 2. Arising from recognised medical condition 3. Substantially impaired ability to: a. Understand nature of conduct b. OR Form rational judgement c. OR Exercise self control 4. Provided explanation for act/omission in doing/being party to killing (causal link)

# 6 Diminished responsibility: examples of recognised medical conditions?

1. Alcohol Dependency (NOT just drunk) 2. Physical conditions impacting on mental state 3. Paranoid Personality Disorder 4. Post Natal Depression 5. Pre-menstrual Tension 6. Battered Wife Syndrome

Burden/standard of proof for diminished responsibility

Defence must prove on balance of probabilities

Elements of loss of control

1. Defendant must loose control 2. Due to a qualifying trigger (fear or anger) 3. A person of the defendants sex/age with a normal degree of tolerance and self restraint in the same circumstances might have reacted in the same/similar way to the defendant

LoC: what type of test is 'D must loose control'?

Subjective (THIS D)

LoC: what does 'loose control' mean?

A loss of the ability to act 'in accordance with considered judgement, or a loss of normal powers of reasoning'

LoC: must the loss of control be sudden?

No (eg. Abuse that occurs over time)

LoC: can there be a time delay between loosing control and the killing?

Yes if still out of control

LoC: when does it NOT apply?

when theres a considered desire for revenge (ie. Arming, planning, delay between provoking conduct and killing)

LoC: What is the fear trigger?

Subjective: Ds loss of control was attributable to fear of serious violence from V against D or another identified person

LoC: what is the anger trigger?

Objective: Loss of self control attributable to thing/or things done/said which (a) constituted circumstances of an extremely grave character AND (b) caused D to have a justifiable sense of being seriously wronged

LoC anger trigger: can adultery count?

No BUT can be considered where it forms an 'essential part of the context

LoC anger trigger: when might it not apply?

if D incited acts as excuse to use violence

LoC ' in the same circumstances': what does circumstances inc?

all of Ds circumstances other than those whose only relevance to Ds conduct is that they bear on Ds general capacity for tolerance or self restraint (eg. Short temper)

Legal/evidential burden for LoC?

Evidential burden on D to raise then burden reverts back to prosecution to disprove loss of control beyond reasonable doubt

When may involuntary manslaughter apply?

No MR of murder-D may not have intended to kill/cause GBH

Types of involuntary manslaughter?

Unlawful act manslaughter Manslaughter by gross negligence

What is unlawful act manslaughter also known as?

Constructive manslaughter

Elements of unlawful act manslaughter?

AR: D does an unlawful act That is dangerous Which causes the Vs death MR: of the unlawful act

AAM: what counts as an 'unlawful act'?

A crime with a MR of intention or recklessness NOT an omission

AAM: what counts as 'dangerous?

Objective (defendant need not foresee injury) test: 'all sober and reasonable people would inevitably recognise must subject the other person to, at least the risk of some harm … albeit not serious harm

AAM: must the dangerous unlawful act be aimed at the victim or a person?

AAM: must the risk of harm be physical to be deemed dangerous?

Yes

AAM: what must be established for 'causes the Vs death'?

Factual & legal causation

Elements of gross negligence manslaughter?

1. D owed V a duty of care 2. D breached that duty 3. The breach caused the death of V 4. D’s conduct was grossly negligent.

GNM: 3 examples of established duties?

* Parent-child * Employer-employee * Driver-road user

GNM: Who decides if a duty of care exists?

Whether a duty exists usually a matter for the jury once the judge has decided that theres evidence capable of est. a duty

GNM: how to establish if D has breached their duty?

* Does Ds conduct fall below that expected of a reasonable person (in their field)? * Normal principles of negligence apply

GNM: how is causation established?

Normal rules of causation apply

GNM: when will Ds conduct be 'grossly' negligent?

* D fell so far below the standards of the reasonable person that they are deserving of criminal punishment * Must be a risk Ds conduct could cause death * 'A reasonably prudent person would have foreseen a serious and obvious risk not merely of injury or even of serious injury but of death'

🚨Criminal Law: Assaults/Homicide Flashcards

(64 cards)