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18 Cards in this Set
- Front
- Back
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Assault |
- s.39 Criminal Justice Act 1988 - summary offence - 6 months/£5000 fine |
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Assault AR |
To cause another to apprehend immediate and unlawful violence |
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Assault MR |
Intention or recklessness |
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Battery |
- s.39 Criminal Justice Act 1988 - summary offence - 6 months/£5000 fine |
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Battery AR |
To apply unlawful force upon another |
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Battery MR |
Intention or recklessness |
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Assault Occasioning Actual Bodily Harm |
- s.47 Offences Against the Person Act 1861 - triable either way - 5 years imprisonment |
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ABH s.47 AR |
Any hurt or injury calculated to interfere with the health and comfort of the victim (MILLER 1954) |
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ABH s.47 MR |
Intention or recklessness |
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Grievous Bodily Harm s.20 |
- s.20 Offences Against the Person Act 1861 - indictable offence - 5 years imprisonment |
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GBH s.20 AR |
Unlawful wounding or infliction of grievous bodily harm (serious harm) |
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GBH s.20 MR |
Intention or recklessness |
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Grievous Bodily Harm s.18 |
- s.18 Offences Against the Person Act 1861 - indictable offence - life imprisonment |
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GBH s.18 AR |
Unlawful wounding or causing of grievous bodily harm (serious harm) |
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GBH s.18 MR |
Intention only |
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Direct intention |
The consequence is desired and the D decides to bring it about or do his best to do so. (MOHAN/MOLONEY) |
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Indirect intention |
D does not desire a particular result but realises the consequence is virtually certain to occur as a result of D’s actions. |
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Recklessness |
- the taking of an unjustifiable risk - subjective test - CUNNINGHAM recklessness which asks: did the defendant foresee the harm that in fact occurred, might occur from his actions, but nevertheless continue regardless of the risk. |
