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PGDL University of Law 2024/2025 Distinction Criminal Law & Problem Questions and Answers (Expert Solutions)

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PGDL University of Law 2024/2025 Distinction Criminal Law & Problem Questions and Answers (Expert Solutions)

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PGDL University of Law 2024/2025
Distinction Criminal Law & Problem
Questions and Answers (Expert Solutions)


Q: What is actus reus of assault?, 🗹🗹: Apprehension of immediate unlawful personal
violence


Q: What is mens rea of assault?, 🗹🗹: Intention or recklessness as to causing a person
to apprehend immediate unlawful personal violence


Q: Does D need to have the means to carry out the violence that is threatened for
assault?, 🗹🗹: No


Q: What does 'immediate' mean for assault?, 🗹🗹: Some time not excluding the
immediate future. Imminent.


Q: What is actus reus of battery?, 🗹🗹: Application of unlawful force


Q: What is mens rea of battery?, 🗹🗹: Intention or recklessness as to application of
unlawful force


Q: Can force be applied indirectly or by omission for battery?, 🗹🗹: Yes both


Q: What is actus reus s47 OAPA?, 🗹🗹: Assault occasioning actual bodily harm


Q: What is mens rea s47 OAPA?, 🗹🗹: Intention or reckless as to the mens rea of
assault or battery

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Q: What is 'actual bodily harm'?, 🗹🗹: Any hurt or injury - more than transient and
trifling but need not be serious or permanent


Q: Is a momentary loss of consciousness ABH?, 🗹🗹: Yes


Q: What is actus reus s20 OAPA?, 🗹🗹: Wound or inflict GBH


Q: What is mens rea s20 OAPA?, 🗹🗹: Intention of reckless as to causing some harm


Q: What is a 'wound'?, 🗹🗹: Break in continuity of both layers of skin


Q: What is GBH?, 🗹🗹: Really serious harm - or serious harm. Look at totality of
injuries, consider victim's age & health.


Q: What is actus reus s18 OAPA?, 🗹🗹: Wound or cause GBH


Q: What is mens rea s18 OAPA?, 🗹🗹: Intention to cause GBH


Q: What is actus reus of s1 Theft Act?, 🗹🗹: Appropriation of property belonging to
another


Q: What is mens rea s1 Theft Act?, 🗹🗹: Dishonestly, with the intention to
permanently deprive


Q: What is 'appropriation'?, 🗹🗹: Any assumption by a person of the rights of an
owner


Q: Can appropriation happen with the owner's consent?, 🗹🗹: Yes


Q: Can land be stolen?, 🗹🗹: Generally no, except if D sells moer than is authorised to,
is a trespasser and removes things, is a tenant and removes or sells things

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