Law Unit 03 Aqa

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  • Topic: Criminal law, Grievous bodily harm, Manslaughter in English law
  • Pages : 11 (2706 words )
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  • Published : May 6, 2013
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Law: Offences against the Person
Assault: s39 Criminal Justice Act 1988
Person apprehends an immediate unlawful attack
Intention or subjective recklessness to cause another to apprehend an immediate unlawful attack * Smith 1983: “immediate” means some time in the very near future * Ireland (1997): silent phone calls

* Constanza (1997): words alone
Battery: s39 Criminal Justice Act 1988
Application of unlawful force to another
Intention or recklessness to apply unlawful force to another * Wood (2008): slightest touch
* Thomas (1985): touching a persons’ clothes while worn * Fagan (1968): continuing act
Assault occasioning Actual Bodily Harm (ABH): s47 Offences against the Person Act 1861 Assault OR battery AND causing actual bodily harm
Assault or battery
* Miller (1954): any hurt or injury calculating to interfere with the health or comfort of the victim * Roberts (1971): recklessness as to whether the victim feared unlawful force * Smith (2006): touching or cutting another persons’ hair Malicious Wounding or Inflicting Grievous Bodily Harm (GBH): s20 Offences against the Person Act 1861 Wounds or inflicts GBH on another with or without a weapon

Intension or recklessness to cause “some bodily harm”
* Cunningham (1971): recklessness as to whether any harm should occur or not * Eisenhower: all layers of skin must be broke
* Burstow (1997): serious psychiatric injury
Wounding or Causing Grievous Bodily Harm with Intent: s18 Offences against the Person Act 1861 Wounds or inflicts GBH on another with or without a weapon
Specific intent to cause GBH
* Woollin (1998): harm, virtual certainty
* Morrissons (1989): level of intention is lower when the defendant is trying to resist/prevent an arrest/detention

Direct Intention: do an act and want the result from your actions. The consequences is the defendants aim or purpose - Mohan (1976) Oblique Intention: the defendant indented the act but not the consequences - Woollin (1998) Transferred Malice: mens rea of the crime directed at a person is transferred to the unintended victim -Mitchell (1983) Coincidence Rule: both actus Reus and mens rea must coincide in time and law – must happen at the same time and be part of the same law - Fagan (1969) - Thabo Meli (1954) Subjective Recklessness: the level of mens rea is lower than the intention – the defendant knows the risk of the act nevertheless carries on - Cunningham (1957) Omission: the failure to act where there is a duty of act. E.g. legal contracts, duty relationships, Act of Parliament, defendants own conduct and voluntary act - Pittwood (1902) - Dytham (1979) Causation: the link between the defendants’ unlawful act and the end result Factual causation: “but for” test - White (1910)

Legal causation: “operating and substantial cause” test to find the link between the defendants act and the criminal consequences - Smith (1959)

Murder and Voluntary Manslaughter
Murder: Lord Coke 17th Century
The unlawful killing of a reasonable creature in being and under the Queen’s peace with malice aforethought The unlawful killing of a reasonable creature in being under the Queen’s peace Malice aforethought – implied or expressed

Implied: direct intention to kill or cause GBH Vickers (1951) Expressed: oblique intent - Woollin (1998): two questions asked to help the Jury apply the law * How probable was the consequences which resulted from the defendants voluntary act? (It is necessary for the death or serious injury to be a virtual certain consequence) * Did the defendant foresee the consequences?

(The defendant should have realised the consequences)

* Matthews and Allyene (2003): entitled to find intention BUT THEY DO NOT HAVE TO DO SO

Voluntary Manslaughter
Able to avoid a conviction for murder by establishing that he comes within the extent of the defence of either: Diminished responsibility or Loss of Control Special: defence only plead on a charge...
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