Criminal Law Flashcards by Matt Mcrobie

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

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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

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what is the key case for the loss of control defence?

R v Clinton

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what are the 3 restrictions to qualifying triggers?

Sexual infidelity
incitement
revenge

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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

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what is the mens rea of theft

the dishonesty and intention to permanently deprive

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define “appropriation”

assumption of the rights of the owner

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what is the actus reus of theft

appropriation of property belonging to another

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can virtually certain consequences be used to find intent for murder? what case is this from?

yes, R v Matthews & Alleyne

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Define Murder

unlawful killing of another person with malice aforethought

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what is the actus reus of murder?

unlawful killing of a human being

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what is the Mens Rea of murder?

Malice aforethought (direct or oblique intent to kill or cause GBH)

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what is the case for the unlawful aspect of murder?

R v Clegg

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what is the actus reus of assault?

victim must apprehend immediate unlawful personal violence

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what is the MR of section 20 GBH

intentioin or recklessness to cause some harm

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what is the case showing there is no need for any chance of harm for self defence?

Logdon v DPP

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What is the MR of section 18 GBH?

intention to cause GBH or prevent lawful detainer of any person

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What is the AR of section 20 and section 18 GBH

unlawfully wound or inflict GBH on a person

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which 2 sections of the Offences Against the Person Act are GBH

section 18 and section 20

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What is the MR of ABH

intention or recklessness as to the assault or battery

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what is the actus reus of ABH

assault or batter occasioning ABH

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which section of which act is ABH found

Section 47 of the offences against the person act

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what is the MR of battery

intention/ recklessness as to the application of force

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what is an example of involuntary intoxication

medicine with side effects

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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