Criminal Law Flashcards
What are the M’naughten rules?
- defect of reasoning
- from a disease of the mind
- did not know the nature of their actions
- or if they did knkow, they didn’t know it was wrong
what is the 3 stage test for a loss of control
- D must lose control
- due to a qualifying trigger
- and a person of D’s same sex, age etc would have acted the same
what is the key case for the loss of control defence?
R v Clinton
what are the 3 restrictions to qualifying triggers?
- Sexual infidelity
- incitement
- revenge
what is the Graham test for duress
1) was the defendant compelled to act because they believed they had a good reason to fear death
2) would a sober reasonable man have acted the same way
what is the mens rea of theft
the dishonesty and intention to permanently deprive
define “appropriation”
assumption of the rights of the owner
what is the actus reus of theft
appropriation of property belonging to another
can virtually certain consequences be used to find intent for murder? what case is this from?
yes, R v Matthews & Alleyne
Define Murder
unlawful killing of another person with malice aforethought
what is the actus reus of murder?
unlawful killing of a human being
what is the Mens Rea of murder?
Malice aforethought (direct or oblique intent to kill or cause GBH)
what is the case for the unlawful aspect of murder?
R v Clegg
what is the actus reus of assault?
victim must apprehend immediate unlawful personal violence
what is the MR of section 20 GBH
intentioin or recklessness to cause some harm
what is the case showing there is no need for any chance of harm for self defence?
Logdon v DPP
What is the MR of section 18 GBH?
intention to cause GBH or prevent lawful detainer of any person
What is the AR of section 20 and section 18 GBH
unlawfully wound or inflict GBH on a person
which 2 sections of the Offences Against the Person Act are GBH
section 18 and section 20
What is the MR of ABH
intention or recklessness as to the assault or battery
what is the actus reus of ABH
assault or batter occasioning ABH
which section of which act is ABH found
Section 47 of the offences against the person act
what is the MR of battery
intention/ recklessness as to the application of force
what is an example of involuntary intoxication
medicine with side effects
when can voluntary intoxication be a defence
specific intent crimes
why can you not be intoxicated and found guilty for a specific intent crime
because the intoxication interferes with the ability to form intent
define automatism
act done by the muscles without any input from the mind or an act done by a person unaware of the actions they are doing
difference between insanity and automatism
insanity = internal cause automatism = external cause
what is the mens rea of an attempt
intention to commit the full crime
what is the actus reus of an attempt
a positive act that is more than merely preparatory
what is a key case for defining robbery?
R v Robinson (£7 case)
what is the MR of robbery
the MR of theft + the MR of assault/battery
what is the AR of robbery
application of assault or battery to commit theft
what is the 2 stage “ghosh” test for dishonesty
1) was what the D did dishonest by a reasonable man’s standards
2) was the D aware that his act was dishonest by those standards
what are the elements to duress
- threat of death/injury
- to the D or someone emotionallu close to D
- graham test
- no safe avenue of escape
- crime must meet threat
- cannot have put themselves in the situation
Define Duress
a common-law defence where someone commits a crime because the were subject to threats of death or harm
what determines the necessity of the force for self-defence
the threat that the defendant genuinely believed to be true
define self-defence
using reasonable force to defend oneself
what is the 4-stage test for diminished responsibility
- D is suffering from abnormality of mental funtioning
- from a recognised medical condition (WHO)
- which substantially impairs their ability to form reasonable judgements or exercise self control
- provides an explanation for their actions
define wound
a break in the continuity of the skin
the wrong that leads to the death in unlawful act manslaughter must be…
unlawful
can gross negligence manslaughter be caused by an ommission?
yes
where was gross negligence manslaughter defined?
R v Adomoko
what is the 4 stage test for gross negligence manslaughter?
- duty of care
- duty of care breached
- breach causes death
- breach must be gross
define gross negligence manslaughter
death as a result of a grossly negligent act or ommission
what is the MR for unlawful act manslaughter
the MR must be for just the unlawful act, not the death (from R v Lamb)
Actus reus of unlawful act manslaughter
an unlawful, dangerous act that causes death
case for impairment of mental funtioning (diminished responsibility)
R v Golds
what is the AR of battery
Application of unlawful physical force
what is the MR of assault?
intention / recklessness as to cause the victim to apprehend immediate unlawful personal violence
what is the Martin test (duress of circumstance)
- from an objective point of view, the defendant acted reasonably and proportionately to avoid a threat of serious death or harm from the surroundings
- graham 2 stage test
define duress of circumstance
a common law defence for when someone is indirectly forced to commit a crime, due to a percieved threat of serious harm or death, imposed upon them by the circumstance.
what happened in Pittwood
Didnt shut train gate
What case shows rules for ommissiobs
pitwood
what is the case for staturory duty
fagan
what is the case for duty because of a relationship
R v Stone & Dobinson
what is the case for duty through one’s position
R v Dytham
what is the case for duty because D has set in motion a chain of events
R v Miller
what are the 2 cases for factual causation
R v White and R v Pagett
what happened in White
he tried to poison mum but she died due to a heart attack before the poison could kick in
what happened in Pagett
used his pregnant girlfriend as a human shield
what is the test for factual causatiobn
But for test
what is the test for legal causation
intervening acts
what is the latin for intervening acts
novus actus interveniens
what happened in jordan
the victim was stabbed, but was recovering in hospital until a doctor gave the wrong medication and the victim died
what is the doctor’s actions in Jordan an example of
novus actus interveniens
what is an example of the egg shell skull rule
R v Blaue
