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Question 1

Who may be liable for attempted robbery?

Answer 1

A defendant

Attempt is when someone tries to commit a crime but fails.

Question 2

What must the defendant show for the actus reus (AR) of attempted robbery?

Answer 2

The defendant must show they have gone beyond mere preparations

Actions must be more than planned, but they don’t have to commit the last act before the crime.

Question 3

What is the mens rea (MR) required for attempted robbery?

Answer 3

Full intention to commit the full offence

Recklessness isn’t enough.

Question 4

What must the defendant intend to do in attempted robbery?

Answer 4

Intend to steal and threaten or use force

This shows a clear intention to rob.

Question 5

What is the definition of assault?

Answer 5

A common law offence causing the victim to apprehend immediate and unlawful violence

Maximum sentence of six months.

Question 6

What is the actus reus (AR) of assault?

Answer 6

Causing the victim to apprehend immediate and unlawful violence

Based on Ireland v Burstow.

Question 7

What forms can assault take?

Answer 7

Written words, conditional threats

Examples include Constanza and Read v Coker.

Question 8

What is the standard for causation in assault?

Answer 8

Factual and legal causation

Factual: ‘but for’ the defendant’s actions; Legal: substantial actions.

Question 9

What is the mens rea (MR) for assault?

Answer 9

Intentionally or recklessly causing the victim to apprehend immediate unlawful violence

Direct intent and recklessness are included.

Question 10

What constitutes direct intent in assault?

Answer 10

The criminal consequence was the defendant’s main aim

Based on Mohan.

Question 11

What defines recklessness in the context of assault?

Answer 11

Some risk of criminal consequence that the defendant knows

Based on Cunningham.

Question 12

What does UAM stand for?

Answer 12

Unlawful Act Manslaughter

It involves causing the victim’s death while carrying out a dangerous criminal act.

Question 13

What must be established for unlawful act manslaughter?

Answer 13

An unlawful act with the necessary mens rea

The act must be an act, not an omission.

Question 14

What is a necessary condition for the act in UAM?

Answer 14

It must be a criminal act, such as assault

This is based on Franklin.

Question 15

What must be present for mens rea in UAM?

Answer 15

Mens rea must be present

Based on Church.

Question 16

What is required for the criminal act to be considered dangerous in UAM?

Answer 16

A reasonable person would foresee the risk of some harm

Based on Church.

Question 17

What must the unlawful act cause in UAM?

Answer 17

The death of the victim

Causation includes factual and legal elements.