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My Revision SQE FLK > Criminal Flashcards > Flashcards

Criminal Flashcards

1
Q

What are the three components of Actus Reus?

A

Conduct, Result, Circumstances

Actus Reus refers to the physical act or conduct of a crime.

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2
Q

What is required for the coincidence of Actus Reus and Mens Rea?

A

There must be coincidence between the AR and MR.

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3
Q

Under what conditions can criminal liability arise from omissions?

A
  • A crime is capable of being committed by omission
  • There is a legal duty to act due to:
    • Statutory duty
    • Special relationship
    • Voluntary assumption
    • Contractual duty
    • Creating a dangerous situation
    • Public office
  • Breach of duty
  • Causation by the AR
  • MR if necessary
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4
Q

True or False: Voluntary Act Manslaughter can be committed by omission.

A

False

Voluntary Act Manslaughter requires an act, not an omission.

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5
Q

What is the ‘but for’ test in causation?

A

It assesses whether the jury is satisfied that the acts/omission were the actual cause of the result.

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6
Q

What does legal causation refer to?

A

It refers to being more than de minimis or the ‘operating and substantial’ cause.

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7
Q

What is the Thin Skull Rule?

A

Criminal liability will stand regardless of any weaknesses or prior injuries of the victim.

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8
Q

What are the two types of intention in Mens Rea?

A
  • Direct intention
  • Indirect/oblique intention
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9
Q

What is the standard for recklessness in Mens Rea?

A
  • (1) Awareness or foresight of the existence of a risk at the time of the AR
  • And that the risk may occur
  • *(2) And D unreasonably took the risk despite the fact the circumstances were known to him

This is judged objectively in the circumstances known to D (e.g like self defence) so therefore it is not an entirely subjective test.

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10
Q

What is the definition of negligence in criminal law?

A

Where the defendant falls below the standard of a reasonable person.

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11
Q

Fill in the blank: Intoxication can remove the ______ entirely.

A

MR

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12
Q

What is transferred malice?

A

It refers to the legal fiction where the MR is transferred from the intended harm to the actual harm caused.

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13
Q

What is the requirement for Gross Negligence Manslaughter?

A
  • Duty of care
  • Breach of duty
  • Causation of death
  • Obvious and serious risk of death
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14
Q

What is the definition of murder in terms of Actus Reus?

A

Unlawful killing of another human being under the King’s Peace.

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15
Q

What is Loss of Control (LOC) in the context of voluntary manslaughter?

A

The defendant must be unable to restrain themselves, and it does not have to be sudden.

Qualifying trigger: The defendant’s loss of self-control was caused by a qualifying trigger, such as fear or anger.

Objective test: A reasonable person of the defendant’s age and sex, with a normal degree of self-restraint and tolerance, would have reacted in a similar way.

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16
Q

What must be proven for Diminished Responsibility?

A
  • Abnormality of mental functioning
  • From a recognized medical condition
  • Impairs understanding/self-control
  • Provides an explanation for the conduct
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17
Q

What does the unlawful act in Unlawful Act Manslaughter (UAM) require?

A

The defendant must have committed an intentional act that is intrinsically unlawful.

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18
Q

What is the test for S.47 Assault Occasioning Bodily Harm?

A

It must result from either assault or battery that causes actual bodily harm.

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19
Q

What constitutes Grievous Bodily Harm (GBH)?

A

Legally defined as really serious harm.

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20
Q

What does S.18 require for a conviction?

A

There must be intention or ulterior intention to cause wounding or GBH.

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21
Q

What is the Actus Reus (AR) for causing GBH or wounding?

A

Wounding or infliction of GBH.

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22
Q

What is the Mens Rea (MR) required for causing GBH or wounding?

A

Intention or ulterior intention to cause wounding or GBH.

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23
Q

Define ulterior intention as per Woollin.

A

Objective virtual certainty of serious injury; D appreciated that risk.

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24
Q

What is the main difference between the AR and MR of GBH compared to s.20?

A

The AR is the same, but the MR is more serious due to the requirement of intention.

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25
Q

What does the rhyme ‘hate-18’ signify?

A

It indicates the most serious level of intentional harm.

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26
Q

In which scenarios is consent recognized as a defense to OAPA offences?

A

Surgery, body modification, religious flagellation, sports, horseplay, sex.

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27
Q

True or False: Consent is a defense to assault or battery.

A

True.

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28
Q

True or False: Consent is a defense for actual bodily harm, wounding, or grievous bodily harm.

A

False.

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29
Q

What is the Actus Reus for burglary under s.9(1)(a)?

A

Entry into a building as a trespasser.

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30
Q

What is the Mens Rea for burglary under s.9(1)(a)?

A

Knowledge and recklessness as to entry as a trespasser + intention to commit an offence.

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31
Q

What distinguishes burglary under s.9(1)(a) from s.9(1)(b)?

A

s.9(1)(a) requires intent at the time of entry; s.9(1)(b) allows intent to form after entry.

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32
Q

What constitutes aggravated burglary?

A

Possession of firearms, weapons of offence, or explosives during burglary.

33
Q

What is the definition of Criminal Damage?

A

Destroy or damage property belonging to another without lawful excuse.

34
Q

What is the Mens Rea for Criminal Damage?

A

Intention or recklessness as to destruction or damage of property belonging to another.

35
Q

What is the Actus Reus for Arson?

A

Destroy or damage by fire property belonging to another without lawful excuse.

36
Q

What is the Mens Rea for Arson?

A

Intention or recklessness as to destruction or damage of property by fire.

37
Q

What must be proven for aggravated criminal damage?

A

Intention and recklessness as to destruction or damage of property and criminal damage.

38
Q

Define the Actus Reus for Fraud by False Representation.

A

There is a false representation.

39
Q

What is the Mens Rea for Fraud by False Representation?

A

Dishonestly makes the false representation; intention to gain or cause loss.

40
Q

What constitutes Fraud by Abuse of Position?

A

Occupy a position to safeguard financial interests of another and abuse that position.

41
Q

What is the Actus Reus for Fraud by Failure to Disclose?

A

Existence of a legal disclosure duty; failure to disclose that information.

42
Q

What is the Mens Rea for Fraud by Failure to Disclose?

A

Dishonestly failing to disclose that information; intention to gain or cause loss.

43
Q

What is the requirement for obtaining services dishonestly?

A

Gaining access to goods and services by false representation.

44
Q

Fill in the blank: Consent can be either _______ or implied.

A

express.

45
Q

True or False: Knowledge of being a trespasser is essential for burglary.

A

True.

46
Q

What is the significance of the case R v Collins in relation to trespass?

A

Issues arise when a defendant exceeds the permission given to enter a property.

47
Q

What are the two parts of the dishonesty test for the Defendant (D)?

A
  1. What was the D’s knowledge and belief as to the facts?
  2. Given that knowledge and those beliefs, was the D dishonest by the standards of ordinary decent people?

This test is part of determining dishonesty in legal cases.

48
Q

What is the significance of whether anyone is actually deceived in fraud cases?

A

It is immaterial whether or not anyone is actually deceived; the offence is complete when the Defendant dishonestly fails to disclose information they were legally obligated to disclose.

This emphasizes the focus on the Defendant’s actions rather than the outcome.

49
Q

What is the maximum sentence for fraud on indictment?

A

10 years imprisonment or a fine.

Summary convictions can lead to a maximum of six months imprisonment or an unlimited fine.

50
Q

What are the elements of the actus reus (AR) for robbery?

A
  1. Steals
  2. Use of force OR threat to create fear of force
  3. Immediately before or at the time of stealing.

Causation between the force and the theft is required.

51
Q

What mens rea (MR) is required for robbery?

A

Knowing or being reckless as to entry as a trespasser and having the mens rea of theft.

This includes the intention to permanently deprive.

52
Q

What is the actus reus for theft under s.1?

A
  1. Appropriation
  2. Of property
  3. Belonging to another.

The appropriation must be dishonest and with the intention to permanently deprive.

53
Q

What does appropriation mean in the context of theft?

A

Assuming the rights of an owner, which can include temporarily depriving someone of their property.

Consent is irrelevant; theft can occur even with permission.

54
Q

What types of property can be stolen?

A
  1. Tangible property
  2. Intangible property
  3. Stolen or illegal items.

Land generally cannot be stolen, with specific exceptions.

55
Q

What are some exceptions to the definition of belonging to another in theft?

A
  1. Ownership can transfer if payment is made for a service.
  2. Courts rarely declare property as abandoned.

Notices and signs can demonstrate ownership.

56
Q

What is the test for dishonesty in theft cases according to Ivey?

A
  1. What was the D’s knowledge and belief as to the facts?
  2. Given that knowledge and those beliefs, was the D dishonest by the standards of ordinary, honest and decent people?

This test applies to determine the Defendant’s state of mind.

57
Q

What is the burden of proof for general defences in criminal cases?

A

The Defendant has an evidential burden to raise some evidence of the general defence, with the legal burden being the Balance of Probabilities.

This means the defendant must show that their defence is more likely true than not.

58
Q

What is the defence of consent in criminal law?

A

Consent can be a defence if the victim consented or the D believed the victim consented, which removes the harm.

This defence is limited in serious offences.

59
Q

What does intoxication refer to in legal terms?

A

Intoxication refers to any drug or drink influence that affects the Defendant’s mental state.

The level of intoxication can impact the applicability of certain defences.

60
Q

What is the significance of specific intent crimes in relation to intoxication as a defence?

A

Intoxication can be a defence for specific intent crimes where the ability to form intent is compromised.

This does not apply to basic intent crimes.

61
Q

What is self-defence in criminal law?

A

A defence allowing the use of force to protect oneself or property, requiring an honest belief that force was necessary.

The level of force must be objectively reasonable.

62
Q

What are the conditions for anticipatory self-defence?

A

Self-defence can be claimed even if the D makes the first blow, as long as they have an honest anticipation of an attack.

This applies to situations where an imminent threat is perceived.

63
Q

What is the test for self-defence regarding the use of force?

A
  1. The D honestly believed the use of force was necessary.
  2. The level of force used was objectively reasonable in the circumstances.

This combines both subjective and objective assessments.

64
Q

What is the lower standard for self-defence in homeowner cases?

A

Evidence of self-defence must be raised, focusing on whether there was a building involved.

This standard is more lenient compared to other situations.

65
Q

What is the higher standard for self-defence?

A

Objectively reasonable belief of danger

A must honestly believe that his reaction was reasonable to prevent a crime

66
Q

In self-defence cases, what can self-defence NOT protect against?

A

Psychological harm

Self-defence cannot be relied upon for purely psychological harm

67
Q

What are the key requirements for self-defence in homeowner cases?

A
  • There must be a building, dwelling, or private accommodation
  • D must honestly believe the use of force was necessary
  • Level of force must NOT be grossly disproportionate
  • Use of force must ultimately be reasonable
68
Q

How is ‘grossly disproportionate’ judged in homeowner cases?

A

Subjectively

It is judged based on the circumstances D believed them to be, making it more lenient for defendants

69
Q

What is the actus reus (AR) of attempts?

A

An act which is more than merely preparatory to the commission of an offence

70
Q

What is the mens rea (MR) required for attempts?

A

An intention to commit the full offence and the relevant mens rea of the offence

71
Q

Can impossibility in attempts make the act lawful?

A

No

An act that turns out to be impossible still attracts criminal liability

72
Q

What types of assistance are included in secondary liability?

A
  • Aiding
  • Abetting
  • Counselling
  • Procuring
73
Q

Is agreement necessary for joint conviction in secondary liability?

A

No

D2 does not need to agree with D1 to be convicted

74
Q

What is the difference between aiding and joint enterprise?

A

Joint enterprise involves both D1 and D2 committing the crime together

75
Q

What must D2 do to avoid liability in a joint enterprise situation?

A

Withdraw before the crime is committed

D2 must provide evidential proof of withdrawal

76
Q

What is the definition of innocent agents?

A

Innocent parties, such as children under the age of criminal responsibility, who commit the actus reus of a crime under the direction of an adult

77
Q

Can D2 be convicted if D1 is acquitted?

A

No

D2 must be acquitted if D1 is acquitted due to insufficient evidence or a qualifying defence

78
Q

Can an attempt to attempt a crime be prosecuted?

A

No

It is not a criminal offence to attempt to aid, abet, counsel, or procure an offence

My Revision SQE FLK (5 decks)

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