Basics Flashcards
What is black letter law?
Foundational concepts of the law
What is a crime?
An act capable of being followed by criminal proceedings having a criminal outcome
What are sources of criminal law?
Cases and statutes
Which courts try criminal cases?
Magistrates’ court and the Crown court
Which is the higher court: Magistrate or Crown?
Crown
Which court has a jury?
Crown
What is the maximum sentence imposed by a Magistrate court?
12 months
What’s the maximum sentence imposed by the Crown court?
Lifetime imprisonment
What are the different types of offences?
Summary, either-way, indictable only
Can a summary offence be tried in the Crown Court?
No
What is the burden of proof
Who has to prove what
Does a defendant ever have to bear the burden of proof?
Yeah - defence of diminished responsibility
What is the standard of proof
Prosecution: Beyond reasonable doubt; Defendant: On the balance of probability
What’s an evidential burden
A burden to raise some evidence at trial in order to make it a live issue
What are the two parts of a crime?
Actus reus and mens rea
What does actus reus mean?
Conduct of the accused
What does mens rea mean?
Required state of mind or fault of the defendant at the time they committed the actus reus
Do all crimes require a mens rea?
No - strict liability offences (like speeding) don’t
What are the three elements of actus reus
Conduct, circumstances, consequences
Is conduct always an act?
No - it can be omission as well
Must conduct be voluntary?
Yes, and conscious
What’s a ‘state of affairs’ offence
Simply fulfilling a criminal state of being - like being where you’re not supposed to, or drunk in a public place
What are the factors for a crime of omission?
(1) Crime has to be capable of being committed by omission (2) D must be under a legal duty to act
What determines a legal duty to act?
Statute, office holders, contract, familial relationships, assumption of care, doctor-patient, failure to counteract a danger one has created
What’s a result crime?
Accused causes a prohibited consequence or result
What’s a conduct crime?
Crime that prohibits conduct regardless of consequence
What’s causation?
The idea that it must be proved that the accused acts or omissions caused a consequence
What are the two parts of causation?
Factual and legal
What is the factual causation test?
Authority: White
‘But for’
What’s the test for legal causation?
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
What does it mean for conduct to be blameworthy?
The outcome wasn’t avoidable had the D been acting innocently (more than merely negligence at play)
What actions could break the chain of causation?
3P actions; later intervening acts; drugs; medical mistreatment; victim self-neglect; victim escaping
What’s the coincidence principle?
The mens rea must coincide with the actus reus
What type of crime requires causation review?
Result crime
How do you determine what the required mens rea is to prosecute a crime?
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.
What is a subjective state of mind?
What D himself was thinking at the time he commited the actus reus.
What is an objective state of mind?
The objective mens rea from the reasonable person’s point of view
What are examples of subjective mens rea?
Intention, recklessness, knowledge, belief
What is an example of an objective mens rea?
Negligence
Does motive matter for criminal liability?
Not as a mens rea, but it is relevant for evidence and it can influence sentencing
Is there any statute that defines intention?
No. Direct intention = Mohan. Oblique intention = Woolin.
What’s a somewhat reasonable way to determine indirect/oblique intention?
Authority: Woolin
(1) Were the consequences a ‘virtual certainty’ (objective test - reasonable man) (2) Did D appreciate that fact? (subjective test)
Is there a definition for recklessness in statute?
Authority: R v G
No - there’s a subjective test
What’s the test for recklessness?
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)
Is negligence a species of mens rea?
No - it’s a fault element. Negligence can be a lapse in judgement.
Does mens rea need to coincide with actus reus?
Yes - coincidence principle
What’s an exception to the correspondence principle?
Murder - AR is killing, MR is intention to kill or intention to cause GBH
What is transferred malice?
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.
What’s the correspondence principle?
The AR needs to correspond with the MR (theft with theft, not theft with murder)
What does the Criminal Damage Act 1971 legislate
Destruction or damaging of property
What’s the limit for victim flight cases?
Authority: Roberts
Victim can’t be so daft that it would be reasonably foreseen that the chain of causation would be broken
What are some authorities when dealing with chain of causation interruption?
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
Is 90% chance enough to pass the “but for test”?
No - see Broughton (2020).
What are the three degrees of knowledge?
Actual knowledge, belief, wilful blindness
What’s an exception to the correspondence rule?
Murder - AR is killing, MR is intention to kill or cause GBH
Strict liability offences
What’s transferred malice?
AR and MR target different objects
CDA 1971: Which case defines “destroy”?
Barnet London BC v Eastern Electricity Board [1973] 2 ALL ER 319 (QBD)
CDA 1971: Which case defines “damage”?
Roe v Kingerlee [1986] Crim LR 735 (QBD)
CDA 1971: What defines “property”? What defines “belonging to another”?
s.10(1) and s.10(2) CDA.
CDA 1971: Which cases can you use for “intention”?
Mohan (direct) and Woolin (oblique)
CDA 1971: Which case can you use for “reckless”?
R v G (2004)
CDA 1971: What are the two lawful excuses?
Belief in consent and belief in need to protect property
CDA 1971: Which case can you use for belief in consent as a defence?
R v Denton
CDA 1971: Which case can you use for belief in need to protect property as a defence?
Chamberlain v Lindon
- Did D believe property was in danger (subjective)
- Were the means of protection reasonable (objective)
CDA 1971: What happens when you combine the offence in the statute with fire
ARSON!
Is aggravated criminal damage a result crime?
Yeah! Don’t forget AR -> MR - > Causation -> Defence
What is a principal offender?
Perpetrator
Physically perform actus reus and have necessary mens rea
What is an innocent agent?
An uninformed, insane, or underage third party that is used to commit a crime
What is a joint principal?
Two or more people who act together have AR and MR for an offence when looked at separately
What is a secondary party?
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
How do we define aid, abet, counsel, procure?
s8 Accessories & Abettors Act 1861
If a P commits a crime with an accessory, what are some exceptions that can let the P go, but hold the A?
R v Bourne (dog fucker - P was under duress); R v Cogan (nonconsensual threesome; husband lied)
What kind of intervening acts can break a chain of causation?
Free, deliberate, informed intervention of third party or abnormal act/event
What do you need to know about ‘appropriation’ for the Theft Act 1968?
It’s a broad term (Morris). Consent isn’t relevant (Gomez). A gift, given dishonestly, can be theft (Hinks).
For Theft Act 1968 - what happens if a person receives a valid gift?
Civil law - no remedy because D would have title to property
Criminal law - if it’s dishonest, it could be appropriation of property
For Theft Act 1968 - does appropriation have objective standard?
No - doesn’t have to look ‘wrong’ to outsider. Appropriation isn’t theft unless it’s dishonest and has intention to permanently deprive.
Do you need to have stolen something for it to be theft?
No - even if you appropriate property through borrowing something and forgetting to return it - it could count
If you receive stolen goods, is it theft?
If you transferred them for value, no. Theft Act 1968 s.3(2).
If you received them as a gift, yes.
Can you steal confidential information?
No - Oxford v Moss
What’s the civil law rule for when ownership transfers?
When parties intend it to pass
Can a mistake render a contract voidable?
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.
For Theft Act 1968, is there a meaning of dishonesty?
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
What’s important to know about “intention to permanently deprive” for the Theft Act 1968
It should be given its ordinary, everyday meaning
Is theft required for robbery?
Yes
What does “knowingly” typically include in a criminal statute?
Knowledge, belief, and wilful blindness
What is the difference between a joint principal and an accomplice?
Joint principals have same AR/MR.
Accomplice has overlapping MR, not does not share AR.
Is the meaning of stolen the same across the TA68?
No - stolen has a wider meaning for handling
What are the two forms of handling that don’t need to be done for the benefit of another person?
Receiving and arranging to receive
For TA68 - Handling, what is meaning of Retention
keep possession of, storing, hiding
For TA68 - Handling, what is meaning of Removal
the movement of goods in some way from one location to another by transporting or carrying
For TA68 - Handling, what is meaning of Disposal
gift, destroy, melt down
For TA68 - Handling, what is meaning of Realisation
selling or exchanging of goods for value
When is the offence of stealing complete?
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’
For TA68 - Handling, what is the authority for belief
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’
For TA68 - Handling, what is the authority for knowledge
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
For TA68 - Handling, what is the authority for dishonesty
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?
Can malice transfer from person to property or vice versa?
No - R v Pembliton
Is ignorance of the law a defence?
No - Bailey (1880)
What are the recognised categories where V’s consent can be a defence for an offence against the person?
body modification;
religious flagellation;
sports;
horseplay; and
(possibly) sexual pleasure.
When may D raise self-defence or private defence as a defence?
Defend himself or others against attack;
Defend his property;
Prevent a crime; or
Make a lawful arrest.
What are the different types of manslaughter
Voluntary (loss of self control or diminished responsibility)
Involuntary (subjectively reckless, unlawful act/constructive, gross negligence)
What statute do you use for attempts
Criminal Attempts Act 1981
