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Paper 1 Criminal Law
Non-fatal offences
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Cards (23)
Assault
An act causing immediate
fear
of
violence.
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Actus reus
an act which causes the victim to
apprehend
immediate
fear
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Actual
bodily
harm
Injury interfering with victim's
health
or comfort.
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Loss of consciousness
Even
momentary
loss constitutes harm.
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Psychiatric
harm
Recognizable psychiatric illness.
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Mens
rea
Criminal intent for assault or battery.
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Unlawful force
Force
applied without
legal
justification.
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Assault occasioning ABH
Assault
leading to
actual
bodily
harm.
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Conditional threat
Threat lacking
immediate
intent.
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Unlawful force distinction
Threats
not amounting to
unlawful
force.
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Mens rea of assault
Intent
or
recklessness
to cause fear.
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Battery
Application of
unlawful
force to
another.
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Application of force
Minimal
force applied
unlawfully.
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Continuing Act
Battery committed through a series of actions, like in
Fagan
v
Metropolitan Police Commissioner
1968
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Indirect Application
Applying
force
without
direct
physical contact, as seen in
DPP
v
K
1990
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Omissions
Failing to act can also constitute
battery
, as in DPP v
Santa Bermudez
2003
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Mens Rea
Mental state for battery:
intentional
or
reckless
application of
force
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s.18
OAPA 1861 GBH
Offense more
severe
than s.20 GBH, with a maximum punishment of
life
imprisonment
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Actus Reus
Physical act of causing
harm
, like
wounding
or inflicting
grievous
bodily harm
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Malicious Wounding
Intentionally
causing
harm
to another, a component of s.20 OAPA 1861
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Inflicting GBH
Causing
severe
harm
to another, a component of s.20 OAPA 1861
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Wound
Breaking
both
layers
of the skin, as in JJC v
Eisenhower
1983
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Mens
Rea
of s.20 OAPA 1861
Intent
or
recklessness
as to causing harm, described as 'maliciously
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