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Criminal (from PGDL) Questions & Answers 2024/2025, Exams of Criminal Law

Criminal (from PGDL) Questions & Answers 2024/2025 What is actus reus of assault? - ANSWER-Apprehension of immediate unlawful personal violence What is mens rea of assault? - ANSWER-Intention or recklessness as to causing a person to apprehend immediate unlawful personal violence Does D need to have the means to carry out the violence that is threatened for assault? - ANSWER-No What does 'immediate' mean for assault? - ANSWER-Some time not excluding the immediate future. Imminent. What is actus reus of battery? - ANSWER-Application of unlawful force What is mens rea of battery? - ANSWER-Intention or recklessness as to application of unlawful force Can force be applied indirectly or by omission for battery? - ANSWER-Yes both What is actus reus s47 OAPA? - ANSWER-Assault occasioning actual bodily harm What is mens rea s47 OAPA? - ANSWER-Intention or reckless as to the mens rea of assault or battery Continues........

Typology: Exams

2024/2025

Available from 11/20/2024

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Criminal (from PGDL) Questions & Answers 2024/2025 What is actus reus of assault? - ANSWER-Apprehension of immediate unlawful personal violence What is mens rea of assault? - ANSWER-Intention or recklessness as to causing a person to apprehend immediate unlawful personal violence Does D need to have the means to carry out the violence that is threatened for assault? - ANSWER-No What does ‘immediate’ mean for assault? - ANSWER-Some time not excluding the immediate future. Imminent. What is actus reus of battery? - ANSWER-Application of unlawful force What is mens rea of battery? - ANSWER-Intention or recklessness as to application of unlawful force Can force be applied indirectly or by omission for battery? - ANSWER-Yes both What is actus reus s47 OAPA? - ANSWER-Assault occasioning actual bodily harm What is mens rea s47 OAPA? - ANSWER- Intention or reckless as to the mens rea of assault or battery What is ‘actual bodily harm’? - ANSWER-Any hurt or injury - more than transient and trifling but need not be serious or permanent Is a momentary loss of consciousness ABH? - ANSWER-Yes What is actus reus s20 OAPA? - ANSWER-Wound or inflict GBH What is mens rea s20 OAPA? - ANSWER-Intention of reckless as to causing some harm What is a ‘wound’? - ANSWER-Break in continuity of both layers of skin What is GBH? - ANSWER-Really serious harm - or serious harm. Look at totality of injuries, consider victim's age & health. What is actus reus s18 OAPA? - ANSWER-Wound or cause GBH