Criminal courts and elements of a crime

Question 1

Define crime

Answer 1

Forbidden by the state with a punishment for it

Question 2

What dose cps stand for

Answer 2

Crime prosecution service

Question 3

What happened in shaw vs DDP

Answer 3

Defendant created a magazine with a contact list of prostitutes contacts and has nude photos

Question 4

What happened in RVR

Answer 4

Husband raped his wife
Judge made it illegal to rape spouse

Question 5

List the 5 criminal courts in order of least to most criminal

Answer 5

1. Magistrates
2. Crown Courts
3. Court Of Appeal
4. Supreme Court
   5.European Court Of Humanrights

Question 6

List the 3 types of offences least to most serious

Answer 6

1. Summary Offence
2. Either Way Triable
3. Indictable Offence

Question 7

What is the maximum fine and sentence you can receive in a magistrate court

Answer 7

6 month prison
£5000 fine

Question 8

Define Appeal

Answer 8

A trial to re-examine a decision

Question 9

List the 2 types of appeal

Answer 9

1. Defendant appeal
2. Prosecution appeal

Question 10

Defendant appeal- List the 3 things a court can do if a conviction is unsafe

Answer 10

1. Quash the conviction
2. Lower the sentence
3. Vary the conviction to a lower one

Question 11

Prosecution appeal- the list the 2 things a prosecution can appeal

Answer 11

1. Against a judge ruling
2. Against acquittal

Question 12

Define actus reus

Answer 12

The physical act of a crime

Question 13

Define men’s rea

Answer 13

The thought/intention

Question 14

Dose strict liability require actus rea

Answer 14

Yes but no men’s rea

Question 15

List the 4 things actus reus consists of

Answer 15

1. Conduct
2. Consequence
3. State of affairs
4. Omission

Question 16

List some conduct crimes

Answer 16

1. Theft
2. Rape
3. Purjury

Question 17

List consequence crimes

Answer 17

1. Murder
2. ABH
3. GBH
4. Manslaughter

Question 18

List a state of affair crime

Answer 18

Drunk while driving

Question 19

Define automatism

Answer 19

An act done by the muscle without the control of the mind

Question 20

Define duress

Answer 20

Being under the influence of someone through violence or threats

Question 21

List the 6 ways and omission is sufficient for the actus reus

Answer 21

1. Statutory duty
2. Contractual duty
3. Duty through relationship
4. Duty taken voluntarily
5. Duty through official position
6. Duty arises because defendant has set in a chain of events

Question 22

Name the key case for contractual duty

Answer 22

R V PITTWOOD (1902)

Question 23

Key case for relationship duty

Answer 23

R V GIBBSON AND PROCTOR (1918)

Question 24

Name the key case for voluntary duty

Answer 24

R V EVANS (2009)

Question 25

Name the key case for duty through official position

Answer 25

R V DYTHAM (1997)

Question 26

Name the case for duty through chain of events

Answer 26

R V MILLER (1983)

Question 27

Define causation

Answer 27

The link between the defendants and And the outcome

Question 28

List the 2 types of causation

Answer 28

1. Factual causation 2. Legal causation

Question 29

What test dose factual causation use

Answer 29

BUT FOR TEST

Question 30

Name the key case for factual causation

Answer 30

R V PAGGET (1983)

Question 31

List the 4 types of legal causation

Answer 31

1. Culpable act 2. Sole cause 3. No intervening act 4. Thin skull rule

Question 32

What is the key case for culpable act

Answer 32

R V DOLLAWAY (1847)

Question 33

What is the key case for sole cause

Answer 33

R V BENGE (1865)

Question 34

Define thin skull rule

Answer 34

The defendant must take the victim as he sees him. If the victim is particularly vulnerable he is fully liable for the consequence even if a normal person wouldn’t have as severe consequences

Question 35

Name the key case for intention

Answer 35

R V MOHAN (1975)

Question 36

List the 2 types of intention

Answer 36

1. Direct intent 2. Oblique intent

Question 37

Define direct intent

Answer 37

When they intended a particular consequence to a act

Question 38

Define oblique intent

Answer 38

Where it is not D’s aim to bring about a prohibited result but forces the result due to his actions.

Question 39

List the 3 types of men’s rea form most to least serious

Answer 39

1. Intention 2. Recklessness 3. Negligence

Question 40

List the 2 tests for recklessness

Answer 40

1. Subjective recklessness 2. Objective recklessness

Question 41

Define transferred malice

Answer 41

When the intention to harm one individual inadvertently causes a second person to get hurt