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Unlawful act manslaughter and Non fatal offences

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  • What is meant by actual bodily harm?
    Interfering with the health and comfort of the victim
  • Which case involved a criminal damage that led to death (threw stones onto train)
    R v Newbury and Jones
  • In which case did D apply force indirectly?
    R v Martin, R v Mitchell
  • Which key case stated that both the AR and the MR of the criminal act must be proven (revolver case)
    R v Lamb
  • When can force/injury be lawful in non fatal offences?
    consent, self defence, lawful arrest
  • Which key case stated that psychological conditions can be ABH or GBH
    R v Burstow, R v Constanza
  • What is the mens rea of battery
    intention or recklessness as to apply unlawful force
  • Which key case stated that an unlawful act cannot be committed via an omission
    R v Lowe
  • What is meant by 'objectively dangerous'?
    A reasonable man can foresee the risk of some harm
  • What must be proven for the mens rea of unlawful act manslaughter
    mens rea to commit the unlawful act only (not the death)
  • What are the 3 aspects of the actus reus of unlawful act manslaughter?
    Unlawful criminal act, objectively dangerous, causes death
  • Which case stated that immediate means imminent (stalker in the window)
    Smith
  • What is the mens rea for assault?
    Intention or reckless as to cause v to apprehend force
  • What is the difference between the MR of GBH s18 and GBH s20
    s20 intention or recklessness to cause some harm, s18 intent to cause serious harm or resist arrest
  • What is the maximum sentence for unlawful act manslaughter?
    Discretionary life imprisonment
  • What is the maximum sentence for ABH?
    5 years imprisonment
  • What is the actus reus of battery
    application of unlawful force
  • Which case stated that an assault can be words, conduct or through silent phone calls
    R v Ireland
  • What is the maximum sentence for common assault?
    6 months imprisonment and £5000 fine
  • Which case involved the mistress falling and slitting her throat on a razor?
    R v Larkin
  • What is the maximum sentence for s20 GBH without intent ?
    5 years imprisonment
  • In which case did passing on HIV to another person constitute GBH?
    R v Dica
  • What are the 2 ways s20 GBH can be committed?
    Malicious wounding or causing grevious bodily harm (serious harm)
  • What are the elements of the actus reus of assault
    Causing v to apprehend unlawful force
  • What do we have to prove to show D caused the death for UAM?
    Facutal (but for) and legal (substantial and operative) causation
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