Non - Fatal Offences Revision Flashcards
(7 cards)
Abh
Before discovering abh we have to establish the base.
Battery
Is the unlawful application of force to another person - r v thomas- touching hem of skirt
Specific intent and direct intent and basic tent
Direct intent- it is their main purpose
E.g. if a stabs b in the chest intending to killhim,a has direct intent tikill him
- this is used in all offences requiring intent,like
-murder (intent to kill or cause GBH)
S.18 GBH
Theft a decision to bring aboutt the prohibited consequences - r v vickers
In contrast basic intent crime can be committed with recklessness like
- assault
-batterey
ABHs.47
-s.20gbh
Specific intent -
Specific intent
This is the category of the offence
Definition - specific intent offences are those where intention only willl satisfy the mens Rea - recklessness is not enough
Theese offences are
Murder
S.188 gbh
- tent
-robbery
Voluntary intoxication -only be a defence of offences of specific intent - not to basic intent crimes
Essay structure
Definition
AR
Factual causation - but for test -paget
Legal causation -mr Cato
Mr
Elements
Indirect/oblique test
Where the d didn’t aim to cause the result, but it was virtually certain consequence of their actions - r v woolin