A summary flowchart to take you through each stage of a scenario exam answer on offences against the person. Achieved 78 in criminal exam using these flowcharts.
Start at most serious
and work down to
most reasonable
s18 s20 s47
unlawful and unlawful wounding Assault occasioning
malicious wounding or inflicting GBH ABH
or causing GBH with
intent to:
a. cause GBH or
b. resist/ prevent
arrest
AR:
AR:
Wound
- requires both layers of skin to be broken, blood, D commits an assault causing
Moriarty v Brookes AR: ABH
- 'wound' usually means quite a serious cut - ABH means any hurt or injury
- bruising or internal bleeding or not wounds, JJC v Wound calculated to interfere with the
Eisenhower health or comfort of the victims, R
or v Miller
OR - harm does not have to be
Inflict GBH (cause and inflict serious: bruise, scratch or swelling
Cause GBH basically mean the same thing, R v - can include psychiatric harm if
- GBH = really serious harm, DPP v Smith Burstow) recognisable clinical condition, R
- jury will decide if injuries amount to really serious Chan-Fook
harm
- severe psychiatric problems can amount to GBH,
R v Burstow (stalking, silent phone calls)
MR:
MR:
MR:
Intent to cause GBH
D need only intend or be reckless
as to some bodily harm, R v Intention or recklessness as to the ass
or
Savage; R v Parmenter (more easily strict liability, not the harm caused,
established than GBH but still Savage/ Parmenter
intending or being reckless as to
applicable to GBH situations)
causing some bodily harm -with ulterior
intent motive- to resist or prevent arrest
(someone who is reckless can only be
charged with s18 if whilst being reckless
they were intending to resist/ prevent
arrest)
Defences
Specific defence only for OAPA- Consent
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