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GAPS > Criminal GAPs > Flashcards

Criminal GAPs Flashcards

1
Q

Battery

A

D intentionally or recklessly applies unlawful force upon another

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2
Q

s47

A

Assault + battery causing ABH

Does not have to intend harm or foresee ABH injuries

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3
Q

s8 Theft

A

Robbery - Commit theft and immediately before they use force or put the V in fear of it in order for a theft to take place

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4
Q

s10 Theft Act

A

Aggravated burglary - B uses firearm, weapon, or explosive

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5
Q

Criminal Damage

A

“without lawful excuse”

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6
Q

Diminished responsibility

A

Burden on defendant

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7
Q

Gross Negligence Manslaughter

A

D owes V duty of care.

D breaches duty causing V’s death

Serious and obvious risk of death

Breach causes death

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8
Q

Fraud by failure to disclose information

A

Fail to disclose information and in doing so intend to make a gain or cause a loss to another

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9
Q

Fraud by abuse of position

A

D abuses position where they are expected to safeguard the financial interest of another

Must use position to intend to make a gain or cause a loss

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10
Q

Actus Reus

A

Conduct (or strict liability)

Circumstances (or failure to act)

Result

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11
Q

Mens Rea

A

Direction intention

Oblique intention (Virtual certainty outcome would occur)

Specific intention (can only be committed intentionally)

Transferred malice (limited to same offence)

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12
Q

Self Defence

A

Complete defence

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13
Q

Inchoate offences - Attempt

A

D makes more than mere prepatory steps towards commission of crime.

MR is the intention to complete the full offence.

Completion can be impossible

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14
Q

Inchoate offences - Conspiracy

A

Agreement between two or more parties to carry out an offence

Agreement can be conditional

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15
Q

Right to legal advice

A

Can be delayed for up to 36 hours

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16
Q

Right to have someone informed of arrest

A

Can only be for up to 36 hours

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17
Q

Custody limits

A

Contained in PACE Code C

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18
Q

When are ID procedures to be held?

A

Witness has identified or purported to identify a suspect

Witness expresses an ability to identify suspect

Reasonable chance of witness being able to identify suspect

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19
Q

Types of ID procedure

A

Video ID

ID Parade

Group ID

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20
Q

Advising at police station

A

Inspect custody record, ask for disclosure, make decision on whether to advise client to answer questions

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21
Q

Right to bail

A

General right to bail unless an exception applies

AND

There is a real prospect of a custodial sentence being imposed

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22
Q

Exceptions to bail

A

Nature/seriousness of offence, D’s character, record of complying with bail conditions, strength of evidence, risk of further offending

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23
Q

Procedure for applying for bail

A

Rules of evidence relaxed

Court must give reasons in open court is application is refused

24
Q

Allocation - s22A Magistrates Court Act 1980

A

Low value shoplifting offence can be tried either way despite being a summary offence

25
Q

Allocation s20 Magistrates Court Act 1980

A

Defendant can ask for an indication of sentence

26
Q

Section 50A Crime and Disorder Act 1998

A

Either way offence sent to Crown Court if co-defendant charged with indictable offence

27
Q

Magistrates’ Case Management Directions - Prosecution

A

Must serve its evidence and any notice of intention to adduce bad character evidence within 28 days

Certificate of readiness 7 days before trial

28
Q

Magistrates’ Case Management Directions - Defence

A

Serve defence statement within 14 days and notify prosecution which witnesses are to attend within 7 days

Must give notice of intention to use hearsay or bad character of witness within 14 days

Certificate of readiness 7 days before trial

29
Q

Plea and Trial Preparation Hearing

A

Takes place within 28 days of being sent from the Magistrates

Guilty plea = moves to sentencing. Consider any Goodyear indication

Not guilty= Trial date is set by judge following submissions on base and practicalities of trial

30
Q

Disclosure - Prosecution

A

50 Days (70 if on bail)

Disclose material it intends to rely on at trial, unused material reasonably capable of undermining prosecution case or aiding the defence

31
Q

Disclosure - Defence

A

Following prosecution disclosure, the defence have 14 days to serve defence case statement on both the prosecution and court

32
Q

Visual ID and Turnball Guidelines

A

A - Amount of time witness observed suspect

D- Distance between witness and suspect

V - Visibility at time of observation

O - Obstruction between witness and suspect

K - Known or unknown to witness

A - Any reason to remember suspect

T - Time elapsed between incident and ID procedure

E - Errors in initial account of suspects appearance

If case is weak, the defence should ask the judge to withdraw the case from the jury

33
Q

Inferences from Silence

A

No obligation to give account - but adverse inference may be drawn

Cannot be convicted on an adverse inference alone

34
Q

Admissibility of Hearsay - Statute

A

Witness is unavailable

Business document

Document prepared for use in criminal proceedings and person cannot be expected to recollect matter

Previous consistent or inconsistent statements of a witness

Expert evidence

Confession

35
Q

Admissibility of hearsay - Rule of law

A

Preserved by res gestae

36
Q

Admissibility of hearsay -Other

A

all parties agree

In the interests of justice - court discretion

37
Q

Multiple hearsay

A

Statement relayed through more than one person

Less reliable

38
Q

Admissibility of multiple hearsay

A
  • business document
  • Consistent or inconsistent statement
  • All parties agree
  • The value of the evidence is so high that it is in the interests of justice
39
Q

Admissibility of Confessions

A
  • Must be relevant to matter in issue
  • Defendant can challenge on the basis of mistake or untruth (s76 PACE)
  • Untruth = oppression or things said or done likely to render a confession unreliable
  • Prosecution to prove beyond reasonable doubt that confession was not obtained by mistake or untruth
  • Admissibility is determined at a Voir Dire
40
Q

Discretionary Exclusion of Evidence for Unfairness

A

s78 PACE

  • Admitting the evidence would have such an adverse effect on the fairness of proceedings that it ought not be admitted
  • Court may but need not, exclude for unfairness
  • Used where evidence is likely to have been rendered unreliable
41
Q

Bad Character Evidence - gateways

A

7 gateways:

  1. All party agreement
  2. Adduced by defendant
  3. Important explanatory evidence
  4. Relevant to important matter in issue
  5. Matter in issue between co-defendants
  6. Correct false impression given by defendant
  7. Defendant attacked another’s character
42
Q

Bad Character Evidence -Relevant to important matter in issue

A
  • Propensity to commit similar offences or to be untruthful
43
Q

Bad Character evidence - s78 PACE

A

Must NOT admit the evidence if to do so would have such an adverse impact on the fairness of proceedings (stronger than for hearsay)

44
Q

Good character direction

A

Judge required to give direction if of previous good character (no or old/irrelevant convictions)

Discretionary if case features bad character evidence

45
Q

Stages of Criminal trial

A

Prosecution goes first

Examination-in-chief
Cross examination
(process for each witness)

46
Q

No case to answer

A

Takes place after prosecution have put forward their evidence

Demonstrate that prosecution has not presented enough evidence to amount to a prima facie case

Discretion for judge to grant

47
Q

Modes of address

A

Magistrates (individual) - sir/madam

Magistrates (bench) - your worships

Crown Court - Your honour

48
Q

Role of sentencing guidelines

A

Create consistency

Obliged to follow unless in the interests of justice not to

49
Q

Mitigating factors

A

Early guilty plea
Previous good character
Age
health
Feature of the offence itself - impulse

50
Q

Magistrates’ Sentencing powers

A

Summary (Single or multiple) - 6 months

Single either way = 6 months

Multiple either way = 1 year

51
Q

Crown Court sentencing powers

A

Restricted by maximum for each offence

52
Q

Appeal from Magistrates’ to Crown Court

A
  • Must lodge written notice of appeal with convicting court within 21 days
  • Matter heard by Crown Court judge and supported by 2-4 magistrates
  • Complete re-hearing so new evidence can be adduced
  • Can increase or reduce sentence but are restricted to Magistrates’ sentencing limits
  • Can impose a costs order on the defendant if the appeal is unsuccessful
53
Q

Appeal from Magistrates’ to High Court by way of case states

A
  • Can be made by both prosecution and defence
  • Must demonstrate grounds that the decision is wrong in law or in excess of jurisdiction
54
Q

Appeal from Crown Court

A
  • D must obtain leave to appeal from the trial judge or CoA
  • Appeal against conviction = only on grounds that it is unsafe
  • Appeal against sentence= wrong in law, wrong in principle or manifestly excessive.

CoA cannot exceed the sentence handed down in Crown Court

55
Q

Youth Court Jurisdiction

A
  • 10 to 17
  • Grave and specified crimes are tried in crown court provided that the YC concludes that there is a real prospect of a custodial sentence of more than 2 years
56
Q

Youth Court Sentencing

A

Referral order
Rehabilitation order
Detention and training order

GAPS (5 decks)

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