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Criminal Law > Basics > Flashcards

Basics Flashcards

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1
Q

What is black letter law?

A

Foundational concepts of the law

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2
Q

What is a crime?

A

An act capable of being followed by criminal proceedings having a criminal outcome

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3
Q

What are sources of criminal law?

A

Cases and statutes

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4
Q

Which courts try criminal cases?

A

Magistrates’ court and the Crown court

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5
Q

Which is the higher court: Magistrate or Crown?

A

Crown

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6
Q

Which court has a jury?

A

Crown

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7
Q

What is the maximum sentence imposed by a Magistrate court?

A

12 months

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8
Q

What’s the maximum sentence imposed by the Crown court?

A

Lifetime imprisonment

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9
Q

What are the different types of offences?

A

Summary, either-way, indictable only

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10
Q

Can a summary offence be tried in the Crown Court?

A

No

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11
Q

What is the burden of proof

A

Who has to prove what

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12
Q

Does a defendant ever have to bear the burden of proof?

A

Yeah - defence of diminished responsibility

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13
Q

What is the standard of proof

A

Prosecution: Beyond reasonable doubt; Defendant: On the balance of probability

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14
Q

What’s an evidential burden

A

A burden to raise some evidence at trial in order to make it a live issue

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15
Q

What are the two parts of a crime?

A

Actus reus and mens rea

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16
Q

What does actus reus mean?

A

Conduct of the accused

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17
Q

What does mens rea mean?

A

Required state of mind or fault of the defendant at the time they committed the actus reus

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18
Q

Do all crimes require a mens rea?

A

No - strict liability offences (like speeding) don’t

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19
Q

What are the three elements of actus reus

A

Conduct, circumstances, consequences

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20
Q

Is conduct always an act?

A

No - it can be omission as well

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21
Q

Must conduct be voluntary?

A

Yes, and conscious

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22
Q

What’s a ‘state of affairs’ offence

A

Simply fulfilling a criminal state of being - like being where you’re not supposed to, or drunk in a public place

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23
Q

What are the factors for a crime of omission?

A

(1) Crime has to be capable of being committed by omission (2) D must be under a legal duty to act

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24
Q

What determines a legal duty to act?

A

Statute, office holders, contract, familial relationships, assumption of care, doctor-patient, failure to counteract a danger one has created

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25
Q

What’s a result crime?

A

Accused causes a prohibited consequence or result

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26
Q

What’s a conduct crime?

A

Crime that prohibits conduct regardless of consequence

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27
Q

What’s causation?

A

The idea that it must be proved that the accused acts or omissions caused a consequence

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28
Q

What are the two parts of causation?

A

Factual and legal

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29
Q

What is the factual causation test?

A

Authority: White

‘But for’

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30
Q

What’s the test for legal causation?

A

Authority: Kimsey

(1) Conduct must be ‘more than minimal’ cause of result (2) Conduct must be operative cause of the result (3) Conduct must be blameworthy

Third factor only required when the result was in some sense unavoidable

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31
Q

What does it mean for conduct to be blameworthy?

A

The outcome wasn’t avoidable had the D been acting innocently (more than merely negligence at play)

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32
Q

What actions could break the chain of causation?

A

3P actions; later intervening acts; drugs; medical mistreatment; victim self-neglect; victim escaping

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33
Q

What’s the coincidence principle?

A

The mens rea must coincide with the actus reus

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34
Q

What type of crime requires causation review?

A

Result crime

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35
Q

How do you determine what the required mens rea is to prosecute a crime?

A

Look at the definition of the crime and determine what the prosecution must prove. Also, consider whether the mens rea needs to correspond with the actus reus.

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36
Q

What is a subjective state of mind?

A

What D himself was thinking at the time he commited the actus reus.

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37
Q

What is an objective state of mind?

A

The objective mens rea from the reasonable person’s point of view

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38
Q

What are examples of subjective mens rea?

A

Intention, recklessness, knowledge, belief

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39
Q

What is an example of an objective mens rea?

A

Negligence

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40
Q

Does motive matter for criminal liability?

A

Not as a mens rea, but it is relevant for evidence and it can influence sentencing

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41
Q

Is there any statute that defines intention?

A

No. Direct intention = Mohan. Oblique intention = Woolin.

42
Q

What’s a somewhat reasonable way to determine indirect/oblique intention?

A

Authority: Woolin

(1) Were the consequences a ‘virtual certainty’ (objective test - reasonable man) (2) Did D appreciate that fact? (subjective test)

43
Q

Is there a definition for recklessness in statute?

A

Authority: R v G

No - there’s a subjective test

44
Q

What’s the test for recklessness?

A

Authority: R v G

D is aware of a risk (ANY or SOME) that exists or will exist (subjective test), AND in the circumstances known to him, it’s unreasonable to take the risk (objective test)

45
Q

Is negligence a species of mens rea?

A

No - it’s a fault element. Negligence can be a lapse in judgement.

46
Q

Does mens rea need to coincide with actus reus?

A

Yes - coincidence principle

47
Q

What’s an exception to the correspondence principle?

A

Murder - AR is killing, MR is intention to kill or intention to cause GBH

48
Q

What is transferred malice?

A

This applies where a person, who has the mens rea of a particular crime, does an act that causes the actus reus of the same crime, but the result is in some respects is unintended.

49
Q

What’s the correspondence principle?

A

The AR needs to correspond with the MR (theft with theft, not theft with murder)

50
Q

What does the Criminal Damage Act 1971 legislate

A

Destruction or damaging of property

51
Q

What’s the limit for victim flight cases?

A

Authority: Roberts

Victim can’t be so daft that it would be reasonably foreseen that the chain of causation would be broken

52
Q

What are some authorities when dealing with chain of causation interruption?

A

Authority: Benge
Free, deliberate and informed acts of others won’t prevent D from liability;

Authority: Longbottom
Free, deliberate and informed acts of the victim won’t prevent D from liability unless they’re super negligent;

Authority: Hayward or Blaue
D must take victim as he finds them - thin skull rule;

Authority: Holland
D will still be liable if V mistreats or neglects injuries perpetrated by D;

Authority: Pagett
If D creates a situation where a non-voluntary 3P commits an offence, D can be liable; and

Authority: Jordan
Only extraordinarily and independently potent later treatment can disrupt causation

53
Q

Is 90% chance enough to pass the “but for test”?

A

No - see Broughton (2020).

54
Q

What are the three degrees of knowledge?

A

Actual knowledge, belief, wilful blindness

55
Q

What’s an exception to the correspondence rule?

A

Murder - AR is killing, MR is intention to kill or cause GBH

Strict liability offences

56
Q

What’s transferred malice?

A

AR and MR target different objects

57
Q

CDA 1971: Which case defines “destroy”?

A

Barnet London BC v Eastern Electricity Board [1973] 2 ALL ER 319 (QBD)

58
Q

CDA 1971: Which case defines “damage”?

A

Roe v Kingerlee [1986] Crim LR 735 (QBD)

59
Q

CDA 1971: What defines “property”? What defines “belonging to another”?

A

s.10(1) and s.10(2) CDA.

60
Q

CDA 1971: Which cases can you use for “intention”?

A

Mohan (direct) and Woolin (oblique)

61
Q

CDA 1971: Which case can you use for “reckless”?

A

R v G (2004)

62
Q

CDA 1971: What are the two lawful excuses?

A

Belief in consent and belief in need to protect property

63
Q

CDA 1971: Which case can you use for belief in consent as a defence?

A

R v Denton

64
Q

CDA 1971: Which case can you use for belief in need to protect property as a defence?

A

Chamberlain v Lindon

  1. Did D believe property was in danger (subjective)
  2. Were the means of protection reasonable (objective)
65
Q

CDA 1971: What happens when you combine the offence in the statute with fire

A

ARSON!

66
Q

Is aggravated criminal damage a result crime?

A

Yeah! Don’t forget AR -> MR - > Causation -> Defence

67
Q

What is a principal offender?

A

Perpetrator

Physically perform actus reus and have necessary mens rea

68
Q

What is an innocent agent?

A

An uninformed, insane, or underage third party that is used to commit a crime

69
Q

What is a joint principal?

A

Two or more people who act together have AR and MR for an offence when looked at separately

70
Q

What is a secondary party?

A

An accessory or accomplice

AR: Aids, abets, counsels or procures P to commit the offence and P does so

MR: See Jogee. Has to be voluntary, intend acts that assist or cause principal offence, know essential matters that constitute principal offence, and intend P to act with MR required for principal offence

71
Q

How do we define aid, abet, counsel, procure?

A

s8 Accessories & Abettors Act 1861

72
Q

If a P commits a crime with an accessory, what are some exceptions that can let the P go, but hold the A?

A

R v Bourne (dog fucker - P was under duress); R v Cogan (nonconsensual threesome; husband lied)

73
Q

What kind of intervening acts can break a chain of causation?

A

Free, deliberate, informed intervention of third party or abnormal act/event

74
Q

What do you need to know about ‘appropriation’ for the Theft Act 1968?

A

It’s a broad term (Morris). Consent isn’t relevant (Gomez). A gift, given dishonestly, can be theft (Hinks).

75
Q

For Theft Act 1968 - what happens if a person receives a valid gift?

A

Civil law - no remedy because D would have title to property

Criminal law - if it’s dishonest, it could be appropriation of property

76
Q

For Theft Act 1968 - does appropriation have objective standard?

A

No - doesn’t have to look ‘wrong’ to outsider. Appropriation isn’t theft unless it’s dishonest and has intention to permanently deprive.

77
Q

Do you need to have stolen something for it to be theft?

A

No - even if you appropriate property through borrowing something and forgetting to return it - it could count

78
Q

If you receive stolen goods, is it theft?

A

If you transferred them for value, no. Theft Act 1968 s.3(2).

If you received them as a gift, yes.

79
Q

Can you steal confidential information?

A

No - Oxford v Moss

80
Q

What’s the civil law rule for when ownership transfers?

A

When parties intend it to pass

81
Q

Can a mistake render a contract voidable?

A

A mistake as to the fundamental identity of the subject matter, as opposed to the
attributes of the subject matter, can render the contract void.

82
Q

For Theft Act 1968, is there a meaning of dishonesty?

A

Mixture of statute and common law. Belief in a defence does not need to be reasonable, but must be genuinely held.

If not part of statute, fall back to Ivey test

83
Q

What’s important to know about “intention to permanently deprive” for the Theft Act 1968

A

It should be given its ordinary, everyday meaning

84
Q

Is theft required for robbery?

A

Yes

85
Q

What does “knowingly” typically include in a criminal statute?

A

Knowledge, belief, and wilful blindness

86
Q

What is the difference between a joint principal and an accomplice?

A

Joint principals have same AR/MR.
Accomplice has overlapping MR, not does not share AR.

87
Q

Is the meaning of stolen the same across the TA68?

A

No - stolen has a wider meaning for handling

88
Q

What are the two forms of handling that don’t need to be done for the benefit of another person?

A

Receiving and arranging to receive

89
Q

For TA68 - Handling, what is meaning of Retention

A

keep possession of, storing, hiding

90
Q

For TA68 - Handling, what is meaning of Removal

A

the movement of goods in some way from one location to another by transporting or carrying

91
Q

For TA68 - Handling, what is meaning of Disposal

A

gift, destroy, melt down

92
Q

For TA68 - Handling, what is meaning of Realisation

A

selling or exchanging of goods for value

93
Q

When is the offence of stealing complete?

A

Authority: Hale

Stealing is complete depends partly on when the appropriation is complete. Appropriation may be continuing.

Authority: Atakpu

Appropriation can continue for so long as the thief can sensibly be regarded as in the act of stealing - so long as he is ‘on the job’

94
Q

For TA68 - Handling, what is the authority for belief

A

R v Hall (1985)

A D has belief of something if they say ‘I cannot say I know for certain that these goods are stolen, but there can be no other reasonable conclusion in the light of all the circumstances of all that I have heard and seen’

95
Q

For TA68 - Handling, what is the authority for knowledge

A

Montila (2004)

A D has knowledge of something if:

a) They believe it to be the case; and

b) They are correct in that belief

96
Q

For TA68 - Handling, what is the authority for dishonesty

A

Ivey v Genting Casinos

To determine dishonesty, ask:

a) What was the state of D’s knowledge or belief as to the facts; and

b) In that context, was D’s conduct dishonest by the standards of ordinary decent people?

97
Q

Can malice transfer from person to property or vice versa?

A

No - R v Pembliton

98
Q

Is ignorance of the law a defence?

A

No - Bailey (1880)

99
Q

What are the recognised categories where V’s consent can be a defence for an offence against the person?

A

body modification;
religious flagellation;
sports;
horseplay; and
(possibly) sexual pleasure.

100
Q

When may D raise self-defence or private defence as a defence?

A

Defend himself or others against attack;

Defend his property;

Prevent a crime; or

Make a lawful arrest.

101
Q

What are the different types of manslaughter

A

Voluntary (loss of self control or diminished responsibility)

Involuntary (subjectively reckless, unlawful act/constructive, gross negligence)

102
Q

What statute do you use for attempts

A

Criminal Attempts Act 1981

Criminal Law (2 decks)

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