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Law > Criminal courts and elements of a crime > Flashcards

Criminal courts and elements of a crime Flashcards

1
Q

Define crime

A

Forbidden by the state with a punishment for it

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2
Q

What dose cps stand for

A

Crime prosecution service

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3
Q

What happened in shaw vs DDP

A

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

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4
Q

What happened in RVR

A

Husband raped his wife
Judge made it illegal to rape spouse

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5
Q

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

A
  1. Magistrates
  2. Crown Courts
  3. Court Of Appeal
  4. Supreme Court
    5.European Court Of Humanrights
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6
Q

List the 3 types of offences least to most serious

A
  1. Summary Offence
  2. Either Way Triable
  3. Indictable Offence
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7
Q

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

A

6 month prison
£5000 fine

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8
Q

Define Appeal

A

A trial to re-examine a decision

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9
Q

List the 2 types of appeal

A
  1. Defendant appeal
  2. Prosecution appeal
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10
Q

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

A
  1. Quash the conviction
  2. Lower the sentence
  3. Vary the conviction to a lower one
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11
Q

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

A
  1. Against a judge ruling
  2. Against acquittal
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12
Q

Define actus reus

A

The physical act of a crime

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13
Q

Define men’s rea

A

The thought/intention

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14
Q

Dose strict liability require actus rea

A

Yes but no men’s rea

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15
Q

List the 4 things actus reus consists of

A
  1. Conduct
  2. Consequence
  3. State of affairs
  4. Omission
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16
Q

List some conduct crimes

A
  1. Theft
  2. Rape
  3. Purjury
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17
Q

List consequence crimes

A
  1. Murder
  2. ABH
  3. GBH
  4. Manslaughter
18
Q

List a state of affair crime

A

Drunk while driving

19
Q

Define automatism

A

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

20
Q

Define duress

A

Being under the influence of someone through violence or threats

21
Q

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

A
  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
22
Q

Name the key case for contractual duty

A

R V PITTWOOD (1902)

23
Q

Key case for relationship duty

A

R V GIBBSON AND PROCTOR (1918)

24
Q

Name the key case for voluntary duty

A

R V EVANS (2009)

25
Q

Name the key case for duty through official position

A

R V DYTHAM (1997)

26
Q

Name the case for duty through chain of events

A

R V MILLER (1983)

27
Q

Define causation

A

The link between the defendants and And the outcome

28
Q

List the 2 types of causation

A
  1. Factual causation
  2. Legal causation
29
Q

What test dose factual causation use

A

BUT FOR TEST

30
Q

Name the key case for factual causation

A

R V PAGGET (1983)

31
Q

List the 4 types of legal causation

A
  1. Culpable act
  2. Sole cause
  3. No intervening act
  4. Thin skull rule
32
Q

What is the key case for culpable act

A

R V DOLLAWAY (1847)

33
Q

What is the key case for sole cause

A

R V BENGE (1865)

34
Q

Define thin skull rule

A

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

35
Q

Name the key case for intention

A

R V MOHAN (1975)

36
Q

List the 2 types of intention

A
  1. Direct intent
  2. Oblique intent
37
Q

Define direct intent

A

When they intended a particular consequence to a act

38
Q

Define oblique intent

A

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

39
Q

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

A
  1. Intention
  2. Recklessness
  3. Negligence
40
Q

List the 2 tests for recklessness

A
  1. Subjective recklessness
  2. Objective recklessness
41
Q

Define transferred malice

A

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

Law (3 decks)

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