criminal law

Created by

Cov

Cards (100)

Assault Law 
S39 Criminal Justice Act 1988
Assault Definition 
the apprehension of immediate unlawful force
Assault AR 
what caused the apprehension
Assault MR 
intent or reckless
Battery Law 
S39 Criminal Justice Act 1988
Battery definition 
the application of immediate unlawful force
Battery AR 
the application of unlawful force
Battery MR 
intent or reckless
ABH Law 
S47 Offences Against the Persons Act 1861
ABH definition 
assault or battery occasioning actual bodily harm
ABH AR 
the assault or battery plus actual bodily harm
ABH MR 
intent or reckless
GBH Law 
S20 or S18 Offences Against the Persons Act 1861
GBH Definition 
Maliciously or intentionally wounding or inflicting grievous bodily harm upon another with or without a weapon
GBH AR 
wounding or inflicting gbh
GBH MR 
intent or reckless, intent or resisting arrest
Murder Law 
Common law, defined by lord coke in the 17th centaury
Murder definition 
the unlawful killing of a reasonable person (or creature) under the kings peace with malice aforethought express or implied
Murder AR 
the unlawful killing
Murder MR 
malice aforethought express of implied
Direct intent 
intent in which the consequences of a person's actions are desired
Oblique intent 
may have foreseen death or serious injury as a virtual certainty. The prohibited consequence was not intended but occured
Diminished Responsibility Law 
S52 Coroners and Justice Act 2009
Diminished Responsibility Defence 
Partial defence for murder, has the potential to reduce a murder charge to that of voluntary manslaughter
Diminished Responsibility Elements 
abnormality of mental function, recognised medical condition, substantial impairment and a contributory factor
Abnormality of Mental Function Definition
a state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal
Recognised Medical Condition Definition 
the aomf must arise from the rmc, the rmc will be approved by a medical professional
Substantial Impairment Definition 
the defendants ability to do one or more of the following; understand the nature of their own actions, form a rational judgement and exercise self-control
Contributory Factor Definition 
an explanation for the defendants conduct if it causes, or is a significant factor in causing, the defendant to carry out the conduct
Loss of Control Law 
S54 Coroners and Justice Act 2009
Loss of Control Defence 
Special defence for murder, has the potential to reduce a murder charge to that of voluntary manslaughter
Loss of Control 3 stage test 
the defendant must loose control, a qualifying trigger and a reasonable reaction
The Defendant Must Loose Control Law 
S54(1)(b)
Qualifying Trigger Law and Meanings 
the anger trigger S55 - something said or done by the victim that constituted circumstances of an extremely grave character
the fear trigger S55 (6)(a) - the defendants fear of serious violence from the victim although this violence cannot be incited by the defendants
Reasonable Reaction Law and Meaning 
S54 (1)(c) - a person of the defendants sex and age, with a normal degree of tolerance and self restraint and in circumstances of the defendant, might have reacted in the same or similar way
Unlawful Act manslaughter Law 
defined through common law
Unlawful Act manslaughter definition 
An unlawful or dangerous act that causes the death of a human being
Unlawful Act manslaughter AR 
the killing must be an unlawful act, not omission
Unlawful Act manslaughter MR 
that of the unlawful act (NFOAP)
Gross Negligence manslaughter Definition
An offence requiring the death to have been caused by the defendants gross negligence rather than deliberately