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Criminal Law Flashcards

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1
Q

What are the M’naughten rules?

A
  • 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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2
Q

what is the 3 stage test for a loss of control

A
  • 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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3
Q

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

A

R v Clinton

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4
Q

what are the 3 restrictions to qualifying triggers?

A
  • Sexual infidelity
  • incitement
  • revenge
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5
Q

what is the Graham test for duress

A

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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6
Q

what is the mens rea of theft

A

the dishonesty and intention to permanently deprive

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7
Q

define “appropriation”

A

assumption of the rights of the owner

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8
Q

what is the actus reus of theft

A

appropriation of property belonging to another

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9
Q

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

A

yes, R v Matthews & Alleyne

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10
Q

Define Murder

A

unlawful killing of another person with malice aforethought

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11
Q

what is the actus reus of murder?

A

unlawful killing of a human being

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12
Q

what is the Mens Rea of murder?

A

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

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13
Q

what is the case for the unlawful aspect of murder?

A

R v Clegg

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14
Q

what is the actus reus of assault?

A

victim must apprehend immediate unlawful personal violence

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15
Q

what is the MR of section 20 GBH

A

intentioin or recklessness to cause some harm

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16
Q

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

A

Logdon v DPP

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17
Q

What is the MR of section 18 GBH?

A

intention to cause GBH or prevent lawful detainer of any person

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18
Q

What is the AR of section 20 and section 18 GBH

A

unlawfully wound or inflict GBH on a person

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19
Q

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

A

section 18 and section 20

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20
Q

What is the MR of ABH

A

intention or recklessness as to the assault or battery

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21
Q

what is the actus reus of ABH

A

assault or batter occasioning ABH

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22
Q

which section of which act is ABH found

A

Section 47 of the offences against the person act

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23
Q

what is the MR of battery

A

intention/ recklessness as to the application of force

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24
Q

what is an example of involuntary intoxication

A

medicine with side effects

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25
Q

when can voluntary intoxication be a defence

A

specific intent crimes

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26
Q

why can you not be intoxicated and found guilty for a specific intent crime

A

because the intoxication interferes with the ability to form intent

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27
Q

define automatism

A

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

28
Q

difference between insanity and automatism

A 
insanity = internal cause
automatism = external cause
29
Q

what is the mens rea of an attempt

A

intention to commit the full crime

30
Q

what is the actus reus of an attempt

A

a positive act that is more than merely preparatory

31
Q

what is a key case for defining robbery?

A

R v Robinson (£7 case)

32
Q

what is the MR of robbery

A

the MR of theft + the MR of assault/battery

33
Q

what is the AR of robbery

A

application of assault or battery to commit theft

34
Q

what is the 2 stage “ghosh” test for dishonesty

A

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

35
Q

what are the elements to duress

A
  • 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
36
Q

Define Duress

A

a common-law defence where someone commits a crime because the were subject to threats of death or harm

37
Q

what determines the necessity of the force for self-defence

A

the threat that the defendant genuinely believed to be true

38
Q

define self-defence

A

using reasonable force to defend oneself

39
Q

what is the 4-stage test for diminished responsibility

A
  • 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
40
Q

define wound

A

a break in the continuity of the skin

41
Q

the wrong that leads to the death in unlawful act manslaughter must be…

A

unlawful

42
Q

can gross negligence manslaughter be caused by an ommission?

A

yes

43
Q

where was gross negligence manslaughter defined?

A

R v Adomoko

44
Q

what is the 4 stage test for gross negligence manslaughter?

A
  • duty of care
  • duty of care breached
  • breach causes death
  • breach must be gross
45
Q

define gross negligence manslaughter

A

death as a result of a grossly negligent act or ommission

46
Q

what is the MR for unlawful act manslaughter

A

the MR must be for just the unlawful act, not the death (from R v Lamb)

47
Q

Actus reus of unlawful act manslaughter

A

an unlawful, dangerous act that causes death

48
Q

case for impairment of mental funtioning (diminished responsibility)

A

R v Golds

49
Q

what is the AR of battery

A

Application of unlawful physical force

50
Q

what is the MR of assault?

A

intention / recklessness as to cause the victim to apprehend immediate unlawful personal violence

51
Q

what is the Martin test (duress of circumstance)

A
  • 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
52
Q

define duress of circumstance

A

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.

53
Q

what happened in Pittwood

A

Didnt shut train gate

54
Q

What case shows rules for ommissiobs

A

pitwood

55
Q

what is the case for staturory duty

A

fagan

56
Q

what is the case for duty because of a relationship

A

R v Stone & Dobinson

57
Q

what is the case for duty through one’s position

A

R v Dytham

58
Q

what is the case for duty because D has set in motion a chain of events

A

R v Miller

59
Q

what are the 2 cases for factual causation

A

R v White and R v Pagett

60
Q

what happened in White

A

he tried to poison mum but she died due to a heart attack before the poison could kick in

61
Q

what happened in Pagett

A

used his pregnant girlfriend as a human shield

62
Q

what is the test for factual causatiobn

A

But for test

63
Q

what is the test for legal causation

A

intervening acts

64
Q

what is the latin for intervening acts

A

novus actus interveniens

65
Q

what happened in jordan

A

the victim was stabbed, but was recovering in hospital until a doctor gave the wrong medication and the victim died

66
Q

what is the doctor’s actions in Jordan an example of

A

novus actus interveniens

67
Q

what is an example of the egg shell skull rule

A

R v Blaue

Law (3 decks)

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