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Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...
AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...
Self defenceSelf defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the...
Assault occasioning actual bodily harmThe offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in...
Duress and necessityDuress by threatsDuress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and potentially treason. The defence arises where the defendant commits the offence with the relevant intention but is induced to act by a threat made by
Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor
ConspiracyThere are three main inchoate offences in English law: •conspiracy—where at least two people have agreed to commit a crime•attempt—where the defendant has tried to commit the offence and has got relatively close to achieving the objective (see Practice Note: Attempt), and•encouraging or
What is a cut-throat defence in criminal proceedings?When one defendant in a criminal trial seeks to advance a defence case to the effect that the perpetrator of a criminal act was their co-accused (ie blaming their co-accused), this is called cutting their co-accused’s throat, or a ‘cut throat
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