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SQE 1 > Criminal L/P: EXTRA > Flashcards

Criminal L/P: EXTRA Flashcards

1
Q

What type of offence is driving with excess alcohol

A

strict liability

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2
Q

MR of careless driving

A

Negligence-driving fell below what would be expected of a competent and careful driver

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3
Q

What sort of test is the one for recklessness

A

subjective: risk was an unreasonable one to take and D is aware of risk and goes on to take it

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4
Q

What authority is needed to conduct a police interview without legal advise?

A

Written authority from inspector or above

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5
Q

Police officer ranks in order

A

Chief constable
Superintendent
Detective inspector
Sergeant
Constable

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6
Q

Conditions for detention before charge to be extended to 36h by superintendent

A
  1. Reasonable grounds to believe its needed to secure/preserve evidence
  2. offence is INDICTABLE
  3. Investigation being conducted diligently and expeditiously
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7
Q

How can an appropriate adult be removed from an interview

A
  1. Conduct means cant properly put Qs to suspect
  2. Superintendant/above not connected with investigation listens to interview
  3. Reminds AA of role and gives chance to respond
  4. Get new AA
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8
Q

How long can a D be remanded in custody for at a time?

A

8 clear days
Bring before court evert 4th (if consent and have legal rep)
BUT can remand for 28d if prev remanded for same offence, bought before court, can set end date where next stage of proceedings will occur

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9
Q

Max period of remand in MC

A

Summary-56d
Either way-70d

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10
Q

How long can you be remanded for after conviction and before sentence?

A

Successive periods of no more than 3w
OR 4w if remanded on bail

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11
Q

Form for applying for LA representation order

A

CRM14

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12
Q

Examples of summary only offences

A

Common assault
s4/5 POA
Most road traffic

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13
Q

Examples of either way offences

A

s47/s20 OAPA
Theft
Fraud
Most burglary
Criminal damage
Handling stolen goods
Sexual assault

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14
Q

Examples of indictable only offences

A

Murder/MS
s18
Rare
Robbery
Aggravated burglary
Blackmail
Kidnap
Conspiracy

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15
Q

How is low value theft/shoplifting treated?

A

Goods under £200=summary
BUT if enter NG plea have option of CC trial

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16
Q

What type of offence is criminal damage

A

Less than £5k=summary
Other wise=either way
ALWAYS either way if caused by fire/to memorial

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17
Q

How many bail applications can be made

A

2 in MC and more if can raise new factual/legal argument
Can appeal from MC to CC

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17
Q

How can the prosecution appeal a bail decision

A

i) oral notice at end of hearing before D released
ii) confirm in writing 2h after telling court
iii) CC must hear as soon as possible and no later than 2 business days after notice served

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18
Q

Video ID procedures: how many videos would the witness be shown

A

Suspect +at least 8 others
If 2 similar looking suspects=at least 12 others

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19
Q

Can the prosecution prove a case to answer with just circumstantial evidence

A

Yes if the evidence is capable of supporting a conviction.

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20
Q

When is a witness a ‘Turnbull witness’

A
  1. pick D out informally
  2. identify at formal ID procedure
  3. pick D out as someone already known
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21
Q

Theft: do you intend to permanently deprive if you steal money intending to pay it back?

A

YES because you cant return the same notes if you spend them

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22
Q

What are the grounds for admitting hearsay?

A
  1. Statutory provision
    2.Preserved common law exception
  2. All parties agree
  3. Court satisfied its in the interests of justice
23
Q

Grounds for admitting hearsay: what are the statutory provisions?

A
  1. Witness unavailable
  2. Business and other docs
  3. Prev inconsistent statements of a witness
  4. Prev consistent statements of a witness
  5. Statements of a witness not in dispute
  6. Formal admissions
24
Q

Grounds for admitting hearsay: what are the preserved common law exceptions?

A
  1. Confession/mixed statement
  2. Res gesture, consider‘ Ackner criteria:
    Primary Q: Can possibility of concoction or distortion be disregard?
    -circumstances so unusual as to dominate thoughts/no time for reflection
    -Sufficiently spontaneous/mind controlled by event
    -Error of facts issue of weight not admissibility (q for jury)
25
Q

7 gateways for admitting character evidence?

A

A. All parties agree
B. Adduced by D in cross indented to elicit it
C. Important explanatory ev (pros only)
D. Relevant to important matter in issue (propensity to be 1. untruthful/2. commit offences of same kind)
E. Substantial probative value
F. Correcting false impression
G. D has made attack on another character

26
Q

How can character evidence be excluded?

A

D ( Relevant to important matter in issue)
G (D has made attack on anothers character)
s78

27
Q

Confession definition

A

Any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not, and whether made in words or otherwise

28
Q

As there is no defence of entrapment, how should the defence challenge evidence obtained by entrapment/abuse of process? (undercover officers)

A

Can use s78
OR preferred to invite the court to exercise its common law power to stop the case on the basis that it would represent an abuse of process to allow such a prosecution to continue.

29
Q

When can bad character evidence of a NON defendant be admitted?

A
  1. It’s important explanatory evidence
  2. OR It has substantial probative value in relation to a matter which:
    a. is in issue
    b. AND is of substantial importance in the context of the case as a whole
  3. OR all parties agree
30
Q

What is s78?

A

Discretionary power to exclude pros evidence if the admission of such evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it
Unlikely to work if ev is relevant to charge and nothing abt way it was obtained which casts doubt on reliability=breach must be significant and substantial

31
Q

Where credibility is in issue in relation to an important witness, what evidence of their bad character can be admitted?

A

Previous convictions for offences involving dishonesty, may be admissible as being relevant to the issue of credibility, whether or not the previous convictions involved untruthfulness.

32
Q

Is a psychiatric condition relevant when deciding if someone used reasonable force in self defence?

A

No

33
Q

When will you be involuntarily intoxicated?

A
  1. No knowledge you were taking drug/drink
  2. Taking a non-dangerous or prescribed drug which has an unusual side effect
34
Q

Householder and self defence: does it apply if the person is in your garden/drive?

A

No, must be in or partially in the dwelling?

35
Q

Attempts: what is not sufficient for the MR of attempted murder

A

MUST have an intention to kill, an intention to cause GBH is not sufficient

36
Q

AR and MR of accomplice liability

A

AR: Aid, abet, counsel or procure the commission of the offence
MR: Intend to do act/say words AND knowledge of relevant circumstances (type of crime or limited range of crime)

37
Q

What is aiding?

A
  • Physically helping, assisting or supporting the principal
  • BEFORE or DURING (Eg. look out/holding v down)
  • No mental/causal link required
38
Q

What is Abetting?

A

Encourage principal DURIN
Mental link need

39
Q

What is counselling?

A

Instigating, soliciting, encouraging or threatening the principal to commit the offence BEFORE
Mental link needed

40
Q

What is procuring?

A
  • ‘to produce by endeavour’
    =the accused sets out to achieve a particular state of affairs and takes appropriate steps to bring about that offence.
  • BEFORE
    No mental link but YES Causal link required
41
Q

For the AR of accomplice liability, when is a mental or causal link required?

A

Niether: aiding
Mental: Abetting and counselling
Causal: Procuring

42
Q

If a client pleads guilty, can you put forward facts in mitigation that would constitute a defence eg. a guilty plea based on self defence as mitigation

A

No

43
Q

AR/MR of s20: Maliciously wounding/inflicting GBH

A

AR: unlawfully wound/cause GBH
MR: intention/recklessness as to causing some bodily harm

44
Q

Elements of loss of control

A
  1. D must loose control
  2. Due to a qualifying trigger
    a. fear: of serious violence against self/another
    b. anger: justifiable sense of being wronged AND circumstances of extremely grave character attributable to things/said done
  3. A person of the defendants sex/age with a normal degree of tolerance and self restraint in the same circumstances might have reacted in the same/similar way to the defendant
45
Q

Elements of unlawful act manslaughter

A

AR:
1. Do an unlawful act (crim with MR intention/recklessness)
2. Which is dangerous (all sober and reasonable people would inevitably recognise must subject the other person to, at least the risk of some harm … albeit not serious harm’)
3. Which causes the victims death

MR: match unlawful act

46
Q

Elements of causation for AR

A
  1. FACTUAL CAUSATION: But for Ds conduct would the result have occurred as and when it did?
  2. LEGAL CAUSATION : substantial and operating cause, need not be the sole cause, attributable to a culpable act or omission, more than a minimal cause of the consequence
  3. NEW INTERVENING ACTS
47
Q

How to establish dishonesty (eg. for theft)

A
  1. Clear dishonesty?
  2. Partial definitions:
    *belief legal right
    *belief in owners consent
    *belief owner cant be found
  3. Ivey v Genting Casinos test:
    *ascertain Ds subjective knowledge
    *was conduct dishonest by standard of ordinary decent people
48
Q

Burglary: what must ‘entry’ be?

A

Effective and substantial

49
Q

AR/MR fraud by false representation

A

AR: Making a representation and that representation is false

MR: Dishonesty AND intend to make a gain for themselves or another, to cause loss to another, or to expose another to a risk of loss

50
Q

AR/MR fraud by failing to disclose information

A

AR: Fail to disclose to another person information which they are under a legal duty to disclose.

MR: Dishonesty AND intend to make a gain for themselves or another, to cause loss to another, or to expose another to a risk of loss

51
Q

AR/MR fraud by abuse of position

A

AR: Occupy a position in which they are expected to safeguard, or not to act against, the financial interests of another person AND Abuse of that position by act or omission

MR: Dishonesty AND intend to make a gain for themselves or another, to cause loss to another, or to expose another to a risk of loss

52
Q

Fraud by failing to disclose: does ‘legal duty’ include written contracts?

A

Yes

53
Q

AR/MR simple criminal damage

A

AR: damage or destruction of property belonging to another without lawful excuse
MR:
(a) intend or be reckless as to damage or destruction of property
(b) know or be reckless as to whether the property belongs to another.

54
Q

AR/MR aggravated criminal damage

A

AR: Damage or destruction of property belonging to SELFor another
MR:
(b) intend or be reckless as to whether any property is damaged or destroyed.
(c ) intend by the destruction of damage to endanger the life of another or be reckless as to whether another’s life may be endangered by that damage or destruction.

55
Q

Crim damage: 2 types of lawful excuse

A
  1. Honest belief in the owner’s consent
  2. Protection of property
56
Q

Crim dam, lawful excuse: elements of protection of property

A
  1. Was D’s (real) purpose the protection of property?
    (a) honestly believed action capable of protecting property (subjective)
    (b) does this purpose amount to the purpose of protecting property (objective)
  2. Immediate need of protection?
    (a) did D honestly believe property was in immediate need of protection (subjective)
    (b) did D honestly believe the means adopted were reasonable in the circumstances (subjective)

SQE 1 (46 decks)

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