Non-fatal offences Flashcards

(35 cards)

1
Q

what is the case for AR?

A

hill v baxter

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2
Q

what is factual causation

A

‘but for test’

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3
Q

what is the case for factual causation

A

R v Pagett

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4
Q

what is legal causation

A

D caused more than minimal harm and is the operating and substantial cause of death

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5
Q

case for legal causation

A

R v White

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6
Q

what are the 3 novus actus interveniens

A

act of a third party
victim’s own action
act of God

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7
Q

what are the cases for novus actus interveniens

A

r v Smith
R v Roberts

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8
Q

what is the thin skull rule and case

A

D must take their victims as they find them
R v Blaue

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9
Q

what are the 4 MR

A

direct intention
oblique intention
subjective recklessness
negligence

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10
Q

cases for MR

A

R v Mohan
R v Woolin
R v Cunningham
R v Adamako

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11
Q

what must be included for oblique intention

A

virtual certainty

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12
Q

what is transferred malice and it’s case

A

D is liable when they have the necessary mens rea to commit the crime but against an unintended victim
R v Thabo meli

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13
Q

what is the coincidence rule and it’s case

A

when the MR and AR continued but not at the same time
R v Thabo Meli

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14
Q

what act is assault and battery under

A

S.39 of the Criminal Justice Act 1988

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15
Q

AR for assault

A

causing the v to apprehend immediate, unlawful force

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16
Q

MR for assault

A

intention or recklessness as to the assault

17
Q

cases for assault

A

R v Ireland
R v Constanza

18
Q

what is negated assault and its case

A

when words can nullify an assault
tuberville V savage

19
Q

AR for battery

A

application of unlawful force to another person

20
Q

MR for assault

A

intention or recklessness as to the battery

21
Q

case for battery

A

Cole v Turner

22
Q

which act does ABH come from

A

s.47 offences against the person act 1861

23
Q

AR for ABH

A

assault or battery occasioning ABH

24
Q

MR for ABH

A

intention and recklessness as to the assault/battery

25
what is R v Miller
any hurt or injury calculated to interfere with the health or comfort of V
26
apart from Miller, what do you add for ABH
causation
27
which act do both GBH s.20 and s.18 come from
offences against the person act 1861
28
AR for s.20 GBH
to inflict GBH
29
MR for s.20 GBH
intention or recklessness as to some harm
30
case and definition for s.20 GBH
DPP v Smith - really serious harm
31
AR and MR for s.20 wounding
to wound and intention for recklessness as to some harm
32
what is the case for s.20 wounding
r v Eisenhower
33
AR and MR for s.18 GBH
to cause GBH intention to cause GBH
34
AR and MR for s.18 wounding
to wound intention to wound
35
what is the case for s.18
R v Morrison