5.1 and 5.2 Criminal Liability Offences Flashcards
What is the AR and MR in criminal liability?
AR - Actus Reus (guilty conduct)
MR - Mens Rea (guilty mind - determined subjectively / objectively
How is ‘intention’ determined as Mens Rea?
Subjective
What was the defendant thinking at the time (aim, desire, purpose)
Prosecution has the burden of proof
How is ‘recklessness’ determined as Mens Rea?
The taking of an unjustified risk
Subjective (Cunningham)
1) Was D aware that there was a risk that his or her conduct would cause a particular result?
2) Did the defendant foresee the risk and go ahead and take this risk anyway?
How is ‘negligence’ determined as Mens Rea?
Objective
1) What would a reasonable person placed in the same situation have done?
2) Foresaw a risk and unreasonably concludes that it does not exist
What is the rule with strict liability?
The defendant is guilty, regardless of intent (e.g. drunk driving)
What is the rule with ‘transferred malice’?
The AR and MR should be for the same offence
Describe the AR and MR of Simple Criminal Damage
AR: Damage or destruction / Of Property / Belonging to another without lawful excuse
MR: Intention / Recklessness to damage and knowledge / recklessness as to whether property belongs to another
Describe the AR and MR of aggravated criminal damage
AR: Damage or destruction / of property / belonging to SELF OR OTHER and without lawful excuse
MR: Intention / reckless to damage PLUS ulterior MR (intention / recklessness as to endangerment of life by the destruction or damage)
Describe the AR and MR of simple assault
AR: Causing the victim to / apprehend / immediate and / unlawful personal force
MR: Intention / recklessness to cause such apprehension
Describe the AR and MR of battery
AR: The infliction of / unlawful personal force / upon the victim
MR: Intention / recklessness to cause such infliction
Describe the AR and MR of actual bodily harm (ABH)? s.47 OAPA
AR: Assault / Occasioning / ABH
MR: Intention / Recklessness as to the assault
**No need for defendant to have intended / foreseen ABH - assault is enough.
Describe the AR and MR of grievous bodily harm (GBH)? s.20 OAPA
AR: Wounding or / causing GBH
MR: Malicious intention / recklessness to ABH
**Some level of harm, not necessarily actual level of harm (GBH)
Describe the AR and MR of grievous bodily harm (GBH)? s.18 OAPA
AR: Wounding / Causing GBH
MR: Intention to cause GBH or / Intention to prevent or resist lawful apprehension of any person (resisting or preventing arrest)
What is the definition of murder?
Specific intent crime - the unlawful killing of a reasonable creature in being under the King’s peace with malice aforethought
Describe the AR and MR of murder
AR: Unlawful killing of / a living person / in the King’s peace
MR: Malice aforethought (direct/indirect intention to kill or cause GBH)
Describe what is meant by direct intention?
Defendant desired something to happen - it was his aim, purpose or goal
Describe what is meant by indirect intention (applicable to murder)?
Defendant’s primary aim or desire was not the forbidden consequence (death, GBH) but he foresaw the consequence as virtually certain.
Question for jury: If D foresaw the consequences as virtually certain, he did intend it.
What is meant by unlawful (and dangerous) act manslaughter?
The act was unlawful and dangerous and killed a living person (causation required).
Death but MR of intention is lacking.
What is the MR of unlawful act manslaughter?
The defendant was reckless in committing an unlawful and dangerous act (causation required).
*The defendant does not need to have foreseen death, harm or death does not need to be reasonably foreseeable as long as the act is dangerous.
What is meant by gross negligence manslaughter?
Gross negligence manslaughter causes death but the MR of intention is lacking
Describe the AR and MR of gross negligence manslaughter
AR: Duty of care to victim / breach poses risk of death / breach causes death (causation required)
MR: Breach was ‘grossly negligent’
What is meant by ‘common assault’?
Common assault is simply a term used to capture both the offences of assault and battery that fall under the remit of the most minor of assaults. (s.39 CJA 1988)
