Mens Rea and Actus Reus

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Actus Reus of Assault S.39 CJA 1988
Causing another to apprehend immediate and unlawful violence - Lamb, 1976
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Mens Rea of Assault s.39 CJA 1988
Intentionally or recklessly causing another to apprehend immediate and unlawful violence. Savage; Parmenter, 1992
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Actus Reus of Battery s.30 CJA 1988
Application of unlawful force against another. Collins v Wilcock, 1984
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Mens Rea of Battery s.39 CJA 1988
Intentionally or recklessly applying force to another person.
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Actus Reus of Assault Occasioning ABH s.47 OAPA 1861
Has three elements that must be satisfied, first the AR and MR of A/B. Second occasioning, there must be a causal link between the A/B and the ABH, the chain of causation must not be broken, Roberts, 1971. Third ABH must be caused, this could be physical
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Mens Rea of Assault Occasioning ABH s.47 OAPA 1861
MR is the same for that of A/B, confirmed in Roberts, 1971, and again in Savage; Parmenter, 1992.
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Actus Reus Maliciously Wounding/Inflicting GBH s.20 OAPA 1861
Can be proven by inflicting GBH, deemed to mean really serious harm as in Dica, 2004. Or by wounding, this requires a break in the continuity of the skin, confirmed in Smith, 1987, where a cut to the inside of the mouth was sufficient.
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Mens Rea Maliciously Wounding/Inflicting GBH s.20 OAPA 1861
Maliciously wounding or inflicting GBH, maliciously was deemed to mean intentionally or recklessly, confirmed in Mowatt, 1967.
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Actus Reus GBH with Intent s.18 OAPA 1861
Unlawfully wounding or causing GBH with intent, similar to s.20 but the GBH must be caused.
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Mens Rea GBH with Intent s.18 OAPA 1861
Has two elements to satisfy, first the defendant must maliciously wound or cause GBH. Second the defendant must have direct intention to cause GBH or to resist or prevent the lawful arrest or detaining of a person.
Mere recklessness is not sufficient, Be
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Other cards in this set

Card 2

Front

Intentionally or recklessly causing another to apprehend immediate and unlawful violence. Savage; Parmenter, 1992

Back

Mens Rea of Assault s.39 CJA 1988

Card 3

Front

Application of unlawful force against another. Collins v Wilcock, 1984

Back

Preview of the back of card 3

Card 4

Front

Intentionally or recklessly applying force to another person.

Back

Preview of the back of card 4

Card 5

Front

Has three elements that must be satisfied, first the AR and MR of A/B. Second occasioning, there must be a causal link between the A/B and the ABH, the chain of causation must not be broken, Roberts, 1971. Third ABH must be caused, this could be physical

Back

Preview of the back of card 5
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