Paper 1 Non-Fatal Offences Flashcards
(21 cards)
What are the two Latin terms that will be used for every criminal law topic in criminal law
Actus reus = guilty act
Men’s rea - guilty mind
To convict a person of a crime, a person must satisfy what two elements
Actus reus and mens rea
What are the 4 types of guilty mind in criminal law
Direct intention, oblique intention, recklessness, negligence
What does direct intention mean
Where d sets out to achieve the result
What does oblique intention mean
Where d does not set out to achieve the result but is virtually certain due to d’s actions
What does recklessness mean
Where d takes and unjustifiable risk
What are all the common law
Assault and battery
What are all the statute law
ABH, GBH, S.20, GBH S.18
What is the name of the offence committed where an assault where an assault and battery occur at the same time
Common law
Does any force need to be applied to commit common assault
No
What are some examples of what may be included under making someone fear force
Swearing, threats, aiming a weapon at them, gestures
What were the actions which did to amount to assault in R v Meade and Belt
Singing violent songs
How did R Wilson develop this
It was assault if weapons were mentioned. ‘Get the knives out’
Can a silent phone call be assault
Yes - R v Ireland
What did Tuberville v Savage demonstrate
Words may cancel out assault
Why was R v Light convicted of assault
His words were too harsh to cancel out the assault
When does the force have to capable of being applied
Immediately
How did Smith support force being immediately applied
He was convicted as she felt fear of force immediately even though he argued he couldn’t not get her to immediately
Define assault, with the type, max sentence and case following it
Intentionally or recklessly causing V to apprehend immediate application of unlawful force , summary offence, 6 months, R V Vienna
What are the
