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Chp2 Key Points

This chapter outlines common criminal offenses in Hong Kong, including common assault, wounding, wounding with intent, theft, and burglary. Each offense is defined by specific elements of actus reus and mens rea that must be proven. The document emphasizes the varying degrees of seriousness among these offenses, particularly in assault-related cases.

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0% found this document useful (0 votes)
5 views2 pages

Chp2 Key Points

This chapter outlines common criminal offenses in Hong Kong, including common assault, wounding, wounding with intent, theft, and burglary. Each offense is defined by specific elements of actus reus and mens rea that must be proven. The document emphasizes the varying degrees of seriousness among these offenses, particularly in assault-related cases.

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This chapter covers several common criminal o ences in Hong Kong.

Here are the key points:

**Common Assault**
- Includes both assault and battery usuallyIgnoredunderthe labelof common assault
- Elements:
- Intentionally or recklessly crimal mind
- Causes another to apprehend immediate and unlawful personal violence crimal art
- Battery involves physical contact
Battery Recklessly intentionally applies
auim.tvirene
**Wounding**
I
- More serious version of assault
ÉÉÉy fE law unlawful force

- Elements:
- Unlawfully
- Maliciously
- Wounds any other person
- Requires breaking the continuity of the skin

**Wounding with Intent**


- Most serious version of assault
- Additional element of speci c intent to:
- Maim, dis gure, disable
- Do grievous bodily harm
- Resist or prevent lawful apprehension

**Theft**
- Elements:
- Dishonestly
- Appropriates
- Property
- Belonging to another
- With intention of permanently depriving

**Burglary**
- Two types:
1. Entry as a trespasser with intent to commit speci c o ences
2. Entry as a trespasser and actually committing speci c o ences
- Involves entering a building or part of a building
- Speci c o ences include stealing, in icting grievous bodily harm, and criminal damage

Each o ence has speci c **actus reus** (physical elements) and **mens rea** (mental elements) that must
be proven [1][2][3][4][5].
Assaultcase Fagan v Metropolitan police Commissioner 1969 Slientphonecall R v Ireland 1998

R v WilliamsGladstones 1984
BatteryCase
Apprehend fromthe perspective of complainant
unlawful violence
Elementsof Assault fearof

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