1
Q
What is common assault governed by?
A
Common assault is governed by Section 39 of the Criminal Justice Act 1988, which provides that both assault and battery are summary offences.
2
Q
What is the first step in answering a common assault question?
A
First determine whether the scenario concerns an assault or battery.
Criminal Law
flashcards
Decks in class (126)
# Cards
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Voluntariness principle5
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Hill v Baxter1
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Factual causation2
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Legal Causation3
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Intervening acts1
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Acts of a third party2
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Medical negligence3
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Acts of the victim3
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The thin skull rule2
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Omissions3
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Situations where a duty to act exists1
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Duty arising from statute2
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Duty arising from a contractual obligation2
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Duty arising from a special relationship2
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Duty arising from a voluntary assumption of care3
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Duty arising from creating a dangerous situation2
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Duty arising from an official position2
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Direct Intent2
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Oblique intention2
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Recklessness2
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Transferred malice3
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Evaluation of transferred malice5
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Strict liability5
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Public safety offences3
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Regulatory offenses3
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Environmental and pollution offences2
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Reasons for strict liability1
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Evaluation of strict liability4
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Coincidence of the actus reus and mens rea4
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Common assault2
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Actus reus1
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An act3
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Apprehend2
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Immediate3
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Unlawful force3
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Causation1
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Tuberville v Savage1
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Mens rea1
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Actus reus of battery1
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Application6
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Unlawful force2
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Mens Rea1
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Assault Occasioning Actual Bodily Harm2
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Actual2
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Bodily2
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Harm3
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Mens Rea1
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Section 20 OAPA 18611
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Wound2
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GBH4
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Inflict3
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Causation1
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Mens Rea4
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Section 18 OAPA 18612
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Murder3
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Unlawful killing6
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Reasonable creature in being2
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Under the Kings peace2
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Mens Rea5
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Diminished responsibility2
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Does the defendant have an abnormality of mental functioning?1
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Is the defendants abnormality of functioning caused by a recognised medical condition?11
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Does the defendant's abnormality of mental functioning cause a substantial impairment to the defendant's ability do 1 or more things set out in subsection 1(A).1
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Substantial1
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Impairments4
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Does the defendants abnormality of mental functioning provide an explanation for the conduct?2
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Intoxication1
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Burden of proof1
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Loss of control1
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Has the defendant lost control?4
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Was the defendants loss of control the result of a qualifying tigger?3
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Fear trigger3
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Anger trigger6
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Would a person D’s sex and age with a normal degree of tolerance have acted in the same or a similar way to D6
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Charge1
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Establish whether D owed V a duty of care4
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Establish whether the defendant breached the duty of care2
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Was there a serious and obvious risk of death which is reasonably foreseeable4
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The breach must cause the death of the victim1
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What is the final stage of gross negligence manslagher?6
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The defendant must have committed an unlawful act which caused the death of the victim3
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The unlawful act must be a dangerous act4
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The unlawful act must cause the death1
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The defendant must have the mens rea for the unlawful act1
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Automatism2
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Did the defendant act involuntarily?3
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Was the automatism caused by external factors?5
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Self-induced3
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Insanity1
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The defendant must be suffering from a defect of reason3
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The defendants defect of reasoning must be caused by a disease of the mind5
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The defect of reason must cause the defendant to not know the nature or quality of the act or cause them not to know what they were doing was wrong6
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Diabetes with insanity and automatism5
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Identify the type of offence3
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Identify the type of intoxication3
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Apply the rule for the type of offence and intoxication3
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Dutch Courage1
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Intoxicated mistakes4
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Self-defence1
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Was the force used necessary?5
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Was the force used proportinate?8
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Duress by threats3
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Was the threat to cause death or serious injury?6
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Was the threat directed towards the defendant or his immediate family or someone close to him?2
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Did the defendant act reasonably in the circumstances?5
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Was the offence committed by the defendant directly caused by the threats?2
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Did the defendant have no other choice but to carry out the offence?5
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The defendant must not have voluntarily laid themselves open to the threats6
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Duress of circumstances5
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Distinguishing between defences1
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Theft2
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Actus Reus1
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Appropriation7
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Property12
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Belonging to another3
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Mens rea1
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Dishonestly5
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Intention to permanently deprive6
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Robbery2
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Is there the use of force or threat of force on any person?4
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Is the force/threat of force immediately at the time of stealing and in order to do so4
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Intention4
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Attempts3
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More than merely preparatory6
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Mens Rea2
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The impossible principle1
