Summary SQE1 - FLK2 - SCHEMATICS - OVERVIEW

STUDENTRECHTEN1200

SCHEMATICS /DIAGRAM FLK2 (SQE1)



DIAGRAMS TO EASILY REMEMBER BULLET POINTS FOR THE EXAM



 CRIMINAL LAW (ALL CRIMES, DEFENCES AND MENS REA)
 CRIMINAL PRACTICE (RIGHTS AT POLICE STATION AND WHEN HOW AND WHEN THEY CAN BE DELAYED)
 LAND LAW (OVERVIEW OF RIGHTS PROTECTED IN REGISTERED AND UNREGISTERED LAND)
 PROPERTY PRACTICE (SMALL OVERVIEW OF TIME LIMITS AND FORMS)
 WILLS (SMALL OVERVIEW OF FORMS AND TIME LIMITS)

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CRIMINAL LAW
Assaults Actus Reus Mens Rea


SIMPLE ASSAULT Causing the victim to apprehend immediate and unlawful Intentionally or recklessly NO ACTUAL FORCE!
personal force.
S39 The test for recklessness is subjective and so the Summary only
Apprehension = victim needs to be aware of this defendant must personally foresee the risk and
go on to take it.
Words alone can also suffice

BATTERY Infliction of unlawful personal force Intentionally or recklessly ACTUAL FORCE!

S39 Even slightest touching or throwing something can suffice the defendant must have intended or foreseen NO INTENT TO INJURY
the actual infliction of force, not just the victim’s
apprehension of this. Summary only

Furthermore, there is no need to show intent or
recklessness as to causing any injury.
ASSAULT The defendant commits a simple assault or battery that Intent or be reckless as to a simple assault or ACTUAL FORCE!
OCCASIONING causes (occasions) actual bodily harm. battery only.
ACTUAL BODILY NO INTENT TO INJURY
HARM Actual bodily harm means any hurt or injury calculated to No need to show the defendant intended
interfere with the health or comfort of the victim. The additionally to cause actual bodily harm. Either way
S47 injury need not be serious or permanent in nature, but it
must be more than ‘transient or trifling’.

Split lip, significant bruising etc. cutting hair

Not small bruise, minor scratch or red mark that quickly
fades
WOUNDING OR Wounding (cutting of both layers of the skin) (cut of any Intent or be reckless as to causing some bodily ACTUAL FORCE!
INFLICTING size, scratch that draws blood, cut inside the mouth). harm

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GRIEVOUS BODILY
HARM or It is not necessary for the prosecution to prove INTENT TO SOME BODILY HARM
that the defendant intended or foresaw really
S20 inflicting grievous bodily harm (really serious harm) serious harm (grievous bodily harm) or the Either way
(fractured skull, internal injuries, broken limbs). exact nature of the harm that in fact occurred.

Not bruising or interna; bleeding or rupture of eye vessel. the defendant must intend or be reckless as to a
different injury to that which resulted. Whilst
the actus reus requires a wound or grievous
bodily harm, the defendant need not intend or
be reckless as to an injury of this gravity. It is
sufficient that they have foreseen a risk that
some physical harm to some person will result.
Wounding or Unlawfully wounding or causing grievous bodily harm to a with intent to cause grievous bodily harm; ACTUAL FORCE!
inflicting grievous person.
bodily harm with or INTENT TO grievous BODILY HARM
intent
with intent to resist or prevent the lawful Or second, see previous
S18 apprehension or detention of any person,
coupled with the intention or recklessness as to
causing some bodily harm.
Indictable