Non-fatal offences Flashcards
(35 cards)
what is the case for AR?
hill v baxter
what is factual causation
‘but for test’
what is the case for factual causation
R v Pagett
what is legal causation
D caused more than minimal harm and is the operating and substantial cause of death
case for legal causation
R v White
what are the 3 novus actus interveniens
act of a third party
victim’s own action
act of God
what are the cases for novus actus interveniens
r v Smith
R v Roberts
what is the thin skull rule and case
D must take their victims as they find them
R v Blaue
what are the 4 MR
direct intention
oblique intention
subjective recklessness
negligence
cases for MR
R v Mohan
R v Woolin
R v Cunningham
R v Adamako
what must be included for oblique intention
virtual certainty
what is transferred malice and it’s case
D is liable when they have the necessary mens rea to commit the crime but against an unintended victim
R v Thabo meli
what is the coincidence rule and it’s case
when the MR and AR continued but not at the same time
R v Thabo Meli
what act is assault and battery under
S.39 of the Criminal Justice Act 1988
AR for assault
causing the v to apprehend immediate, unlawful force
MR for assault
intention or recklessness as to the assault
cases for assault
R v Ireland
R v Constanza
what is negated assault and its case
when words can nullify an assault
tuberville V savage
AR for battery
application of unlawful force to another person
MR for assault
intention or recklessness as to the battery
case for battery
Cole v Turner
which act does ABH come from
s.47 offences against the person act 1861
AR for ABH
assault or battery occasioning ABH
MR for ABH
intention and recklessness as to the assault/battery