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OCR As Law > crime flashcards (actus reus, mens rea, definitions, sections and acts) - basics > Flashcards

crime flashcards (actus reus, mens rea, definitions, sections and acts) - basics

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1
Q

actus reus of murder

A

the unlawful killing of a human being under the kings peace

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2
Q

mens rea of murder

A

(malice aforethought) the intent to kill or cause very serious harm (GBH S18)

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3
Q

murder is a - - - - - - law offence

A

common

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4
Q

where is the act for attempts found?
- the actus reus

A

s1 of the criminal attempts act 1981

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5
Q

what does s1 of the criminal attempts act state?

A

if a person does an act that is more than merely preparatory to the commission of the offence then he is guilty of attempting to commit the offence.

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6
Q

the mens rea of attempts

A

intention

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7
Q

loss of control is a - - - - - - - - - - - - - - to murder

A

partial defence

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8
Q

where’s the act for loss of control?

A

s54 and s55 of the coroners and justice act

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9
Q

s54 of the coroners and justice act

A

if a person kills or is a party to the killing of somebody, they are not to be convicted of murder if D’s acts were as a result of a loss of self control, and i a person of D’s age, sex and with a normal degree of self restraint and tolerance MIGHT react in the same way if in the same circumstances and there must be a qualifying trigger.

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10
Q

s55 of the coroners and justice act provides that…

A

a loss of self control must have a qualifying trigger (things said or done/ fear of serious violence) which constituted circumstances of extremely grave character and caused D to have a justifiable sense of being wronged.

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11
Q

what act is the theft act found in?

A

the theft act 1968

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12
Q

actus reus of theft

A

you appropriate property belonging to another

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13
Q

mens rea of theft?

A

dishonestly, intention to permanently deprive

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14
Q

what section is appropriation in?

A

s3

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15
Q

what section is property in?

A

s4

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16
Q

what section is belonging to another in ?

A

s5

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17
Q

what section is belonging to another in ?

A

s5

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18
Q

what section is dishonesty in?

A

s2

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19
Q

what section is intention to permanently deprive in?

A

s6

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20
Q

what act is burglary in?

A

s9 of the theft act 1968

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21
Q

2 sections of the s9 theft act?

A
  • 9(1)(a)
  • 9(1)(b)
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22
Q

what’s 9(1)(a)?

A

he enters a building/ part of a building as a trespasser & with intent to commit any such offence in 9(1)(b).

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23
Q

what’s 9(1)(b)?

A

having entered a building or part of a building as a trespasser, he steals anything in the building or part of a building / inflicts or attempts to inflict GBH on any person therein.

24
Q

actus reus of burglary?

A

entry of a building or part of a building as a trespasser

25
Q

mens rea of burglary?

A

9(1)(a)= intent to commit
- theft
- criminal damage
- GBH

9(1)(b)= prove
- theft
- criminal damage
- GBH

26
Q

diminished responsibility is a - - - - - - - defence to - - - - - -.

A

partial defence to murder

27
Q

what act is diminished responsibility in?

A

s52 of the coroners and justice act 2009

28
Q

s52 of the coroners and justice act provides that…

A

D is not to be convicted if…
D was suffering from:
a) an abnormality of mental functioning which
b) arose from a recognised medical condition
c) which substantially impaired D’s ability to understand the nature of their act/ form a rational judgement (exercise self control)

29
Q

what act is assault and battery in?

A

s39 of the criminal justice act 1988

30
Q

what act is:
- s47 ABH
- s20 GBH
- s18 GBH
in?

A

offences against the persons act 1861 (OAPA)

31
Q

actus reus of assaults (psychic assault)

A

to cause V to apprehend immediate force

32
Q

mens rea of assaults (psychic assault)

A
  • recklessness
    or
  • intention as to cause V to fear immediate unlawful violence
33
Q

actus reus of battery

A

application of unlawful force to another (unwanted touching)

34
Q

mens rea of battery

A
  • recklessness
    or
  • intention as to applying unlawful force
35
Q

for ABH, there has to be a starter offence. These are…
- ?
- ?

A
  • assault
  • battery
36
Q

actus reus of ABH?

A

an assault of battery which is any hurt or injury which interferes with V’s health or comfort

37
Q

mens rea of ABH?

A
  • recklessness (or intent) of application of unlawful force or apprehension of force
38
Q

s20 wounding and GBH actus reus

A

malicious wounding or infliction of GBH

39
Q

mens rea of s20 wounding or GBH

A

recklessness or intent to cause SOME physical harm

40
Q

actus reus of s18 GBH

A

wounding or causing GBH

41
Q

mens rea of s18 GBH

A

intent to wound or cause GBH or to resist/ prevent arrest

42
Q

what is consent a defence too?

A

all OAPA

43
Q

actus reus of constructive manslaughter

A

D has to commit an act which causes the death of the victim

44
Q

mens rea of constructive manslaughter

A

whatever it is for the unlawful act committed
e.g: pushing is a battery so the mens rea is recklessness or intent

45
Q

when can gross negligence manslaughter be given out?

A

when D negligently breaches a duty of care
- must be gross negligence
- a reasonably prudent person would have foreseen a serious and obvious risk of death
- truly bad and reprehensible
- breach of duty made a significant contribution to the death

46
Q

when can the defence of ‘self defence’ be used?

A
  • prevention of crime
  • defence of property
47
Q

what act is ‘prevention of crime’ in?

A

criminal law act 1967

48
Q

what act is ‘defence of property’ in?

A

criminal damage act 1971

49
Q

the 2 limits of self defence?

A

a) the use of any force was unnecessary or if some force was justified that…
b) the actual degree of force used was unreasonable

50
Q

insane automatism McNaughten rules?
- the 4x d’s?

A
  • defect of reasoning
  • disease of the mind
  • defendant didn’t realise the nature & quality of the act &
  • did not realise that what he was doing was wrong
51
Q

automatism definition?

A

an act done by the muscles without any control by the mind

52
Q

is non insane automatism external or internal?

A

external

53
Q

is insane automatism external or internal?

A

internal

54
Q

strict liability mens rea?

A

there’s no mens rea, its a regulatory offence

55
Q

strict liability mens rea?

A

there’s no mens rea, its a regulatory offence

56
Q

no due diligence offence?

A

a defendant will not be liable if he can show that he did all in his power to not commit the offence

OCR As Law (19 decks)

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