Crime Flashcards
Test for recklessness (criminal damage)
- D must foresee the risk (subjective)
- Was the risk a reasonable one to take in the circumstances known to D? (objective)
When is D under a duty of care if they create a dangerous situation?
Create a dangerous situation
Aware they created a dangerous sitaution
How does the evidential and legal burden of proof operate in relation to loss of control?
D has evidential burden (raise some evidence to make the defence a live issue)
P has legal burden to disprove defence beyond reasonable doubt
causation for satisfying AR of murder
Factual causation: But for D’s act, V would not have died.
Legal causation:
* D’s act was operating and subsantial cause
* medical negligence was foreseeable
Burden is on P to prove
Normal person test for loss of control
the jury must be satisfied that similar person MIGHT have reacted in the same or similar way
When will a touch constitute battery?
Need not cause pain or injury but must be unwanted
Includes the slightest touch if it is not consensual or part of everyday contact
Everyday contact defence will not apply if slight touch occurs during a heated argument
Test for procurement of a criminal offence
D sets out to achieve a result and takes appropriate steps to bring about offence (usually before, no meeting of minds, causal link)
When will being passive constitute abetting?
GR: mere presence / doing nothing is insufficient UNLESS
1. Duty to act and prevent offence (e.g. pub landlord / parent abusing child / fails to stop D driving car in a dangerous manner); or
2. Illegal event (e.g. paying to attend a rave = abetting)
Test for dangerousness in unlawful act manslaughter
OBJECTIVE - would a sober and reasonable person forsee the risk of some harm
Loss of Control
1. Qualifying Trigger
* Fear: fear of serious violence
* Anger: Things said or done which constitute circumstances of extremely grave character and caused D to have a justifiable sense of being seriously wronged
2. Normal Person?
- A person of D’s sex and age with a normal degree of tolerance and self restraint and in D’s circumstances may have reacted in teh same or similar way to D
MR for attempts
D must have intent (direct or oblique) to complete AR of full offence
Does spit amount to battery?
Yes
When is fear sufficient for robbery?
D is in fear of being ‘then and there being subjected to force’ (not sufficinet for force to be at somepoint in future)
Judge direction to jury for oblique intent
Jury may find intention if death or serious injury was a virtually certain consequence and D realised this
Attempts
- Summary offences cannot be committed by attempt
- Must have MR to commit AR of offence (e.g. intend to kill for murder not GBH)
Fraud by false rep - ordering meal
If intend to pay when order and later change mind, fraud by implied representation as implied rep through the time the person is in the restaurant they are going to pay for their food
Fraud by failure to disclose information - who establishes whether a duty exists and what type of duty is it
Judge determines
Must be a legal duty (not moral duty)
Objectively assessed
Duty to safegaurd financial interests usually only arises where D collects wages not where simply provides accomodation
What will not be considered in loss of control when considering whether D acgted with normal degree of tolerance and self restraint
Mental Health
