Criminal Law Key Concepts

These flashcards cover essential vocabulary and key legal concepts related to criminal law, particularly focusing on assault, battery, and bodily harm.

Actus Reus

The physical act or conduct that constitutes a criminal offence.

Mens Rea

The mental state or intent behind committing a crime.

Common Assault

Causing another to suffer or apprehend immediate unlawful violence, covered under Section 39 Criminal Justice Act 1988.

DPP v Majewski

Establishes that being drunk can indicate recklessness and liability.

Battery

The intentional or reckless application of unlawful force to another person.

Section 47 OAPA 1861

Refers to the offence of Actual Bodily Harm (ABH) caused by intentionally or recklessly assaulting another.

Grievous Bodily Harm (GBH)

Serious harm inflicted unlawfully and maliciously upon another person.

Fagan v MPC

Case establishing that Actus Reus can be an ongoing event.

Collins v Wilcock

Case determining that the slightest contact can constitute battery.

R v Ireland

Case establishing that acts of harassment (e.g., telephone harassment) can be seen as assault.

R v Constanza

Written words can constitute assault.

DPP v K

Establishes that battery can occur through indirect acts.

DPP v Santa-Bermudez

Case where omission (needle in pocket) constituted battery.

R v Miller

Bruises and scratches can be classified as Actual Bodily Harm.

R v Smith

Cutting off substantial amounts of hair can be classified as ABH.

R v T

Being knocked out momentarily can be classified as ABH.

R v Chan-Fook

Minor psychological injury can qualify as ABH.

R v Roberts

Case which holds liability for ABH when a victim jumps out of a car to escape a perceived threat.

JJC v Eisenhower

Case determining that a pellet in the eye does not constitute a wound.

Mohan/Woollin

Establishes the mens rea of intention for GBH.

Cunningham

Establishes the mens rea of recklessness for GBH.

DPP v Smith

Affirms that bruising can be classified as grievous bodily harm.

R v Dica

Infecting someone with AIDS through sexual contact can be classified as GBH.

R v Burstow

Psychiatric injury can be classified as GBH.

s18 OAPA

Laws relating to wounding or inflicting GBH with intent.

s20 OAPA

Laws relating to wounding or inflicting GBH without intent.

Self Defence

A defence that can be claimed when force is used to protect oneself.

Involuntary Intoxication

A defence applicable when a defendant lacks mens rea due to intoxication.

Voluntary Intoxication

Can reduce mens rea if the intoxication prevents the formation of intent.

Defences to Assault

Includes self defence, consent, and defenses related to intoxication.

Immediate Violence

Element necessary to establish the threat in assault cases.

R v Lamb

Establishes that a threat must be immediate for it to qualify as assault.

Tuberville v Savage

Words indicating assault is not imminent can nullify the assault charge.

R v Light

Clarifies that words can negate the immediacy of an assault.

Haystead v DPP

Establishes battery can be committed through indirect application of force.

DPP v K Case

Affirms that omissions can lead to battery, exemplified by a needle in a pocket.

Assault Definition

An act that causes another to apprehend immediate unlawful violence.

S39 CJA 1988

Legislation governing common assault and battery.

Recklessness as Mens Rea

When a person is aware of a risk and proceeds anyway.

Intent as Mens Rea

When an individual desires to bring about a particular outcome.

Threshold for ABH

Relatively low as established by cases like R v Miller.

DPP v Smith Decision

Cutting hair classified as GBH serves as a precedent for what constitutes harm.

Psychological Injury in GBH

Minor psychological harm can still be classified as grievous bodily harm.

Wounding Definition

A cut or break in the skin constituting a wound.

R v Wood Case

Broken bones do not classify as wounds under specific definitions.

Health or Comfort in ABH

Injuries must affect either the health or comfort of the victim.

State Parties

Parties involved in the prosecution under the Public Law.

Defining Offences

The process of clearly articulating what constitutes an offence.

Application of Unlawful Force

The act that constitutes battery, which does not need to be direct.

Psychiatric Injury

Can qualify as grievous bodily harm under certain legal interpretations.

Serious Harm Definition

Any injury deemed as grievous must be severe.

Knocked Out Momentarily

Classified as ABH when it results from an assault.

Minor Psychological Injury in ABH

Recognized as a valid form of injury in the eyes of the law.

Causation in Law

Refers to the direct link between the act and the effect.

Immediate Contact

Necessary for battery to be acknowledged under law.

Section 20 Offence

Wounding or inflicting GBH without intent, under OAPA.

Section 18 Offence

Wounding or inflicting GBH with intent, under OAPA.