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31 Cards in this Set
- Front
- Back
s18 OAPA
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Actus Reus-D unlawfully wounds or causes GBH to V
Mens Rea- D intends to cause GBH or D foresees some harm and intends to resist lawful arrest |
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Taylor
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P must prove D intended to wound or cause GBH
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Morrison
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necessary to establish D's intention to resist arrest and that he might do some harm
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Belfon
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s18 is a crime of intention only
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Bryson
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intention encompasses direct and oblique intention
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s20 OAPA
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Actus Reus-unlawful wounding or inflicting GBH
Mens Rea-intention or SR as to some harm |
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Savage & Parmenter
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wound need not result from a battery
Intending or foreseeing some harm is sufficient |
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JCC v Eisenhower
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a wound involves a break in both layers of the skin
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Smith
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GBH is really serious harm
ABH includes cutting off a women's ponytail V and D need not be together at the time of the assault |
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Brown
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seriousness of the injury is determined objectively
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Bollom
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GBH standard for children may be lower than that of adults
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Grundy
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injuries taken as a whole may amount to GBH
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Dica
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GBH includes infection with HIV+ virus
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Ireland & Burstow
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s20 includes psychiatric harm
s47-V being certain that D might use force is sufficient |
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Sullivan
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An intention to frighten is insufficient for s20
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s47 OAPA
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Mens rea-
assault/battery- Roberts occasioning-Savage Actual bodily harm |
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Miller
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ABH is any hurt or injury calculated to interfere with the health or comfort of V
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Chan-Fook
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harm not so trivial as to be wholly insignificant
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T v DPP
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ABH can include a momentary loss of consciousness
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R v D
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ABH does not include psychological harm falling short of psychiatric illness
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Fagan
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D intentionally or recklessly causes another person to apprehend the application to his body of immediate unlawful force
an assault cannot be committed by omission |
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Lamb
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v must actually apprehend the application of unlawful force
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Constanza
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an assault can be caused by words alone
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Turberville
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words can negate an assault
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Read v Coker
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words can reinforce the assault
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Horseferry
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harm apprehended must be immediate but this is approached flexibly
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Collins & Wilcock
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battery is actual infliction of unlawful force on another person
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Day
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Contact with V's clothes will suffice for battery
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Thomas
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D need not feel such contact
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Martin
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Battery may be an indirect force
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Santa Bermudez
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omission-d will be liable for consequences resulting from his failure to take reasonable steps to rectify a dangerous situation
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