Criminal Law Flashcards
Where do all criminal cases begin?
The Magistrates Court
Where are more serious criminal cases heard?
Crown Court
Who would bring a case against a defendant on behalf of the State?
The CPS
Who else might prosecute under criminal law?
Local Authorities Parliament Charities Citizens Organisations
What is the aim of criminal law?
Compensate for and prevent criminal acts
Are the rules in a criminal court stricter than in a tort court?
Yes
What is the burden of proof?
Who has the burden of proving a criminal act was committed
Who has the burden of proof in a criminal case?
The prosecution
When are the 2 situations a burden of proof will be reversed?
- Certain Defences
2. Certain excuses
What is the evidential burden?
Once the defendant raises a defence, the prosecution has the burden of proof of disproving it
What is the standard of proof in a criminal case?
Prosecution must prove beyond a reasonable doubt that the defendant committed the offence
What is actus reus?
A physical act
What is mens rea?
The mental state
What are the three possible elements to actus reus?
Conduct
Circumstance
Result
What is the element of actus reus of conduct?
These are physical acts or omissions by the defendant that make the defendant liable for the offence
What is the element of actus reus of circumstances?
These are facts that must exist for a defendant to be liable
What is the element of actus reus of result?
This is the outcome that must occur for the offence to be committed.
Can an omission be a criminal act?
Yes
What are the two requirements that must be satisfied for a failure to act to amount to a criminal offence?
- There must be a duty on behalf of the defendant to act; and
- The defendant must have breached that duty by failing to act sufficiently
Is a possession of something enough to amount to actus reus?
Yes
What is the test for factual causation?
But for test
What is the but for test?
‘but for’ the defendant’s conduct, would the result still have occurred?
Would accelerating an outcome (death) be enough to satisfy causation?
Yes
What is the test for legal causation?
The defendant must have played a substantial role in the act and outcome and they must have been operative so the actions of someone else would be intervening.
What is the thin skull rule?
If the defendant causes more damage than one would expect because of preexisting issues of the victim does not negate causation. You take the victim as you find them
What are the 2 types of intention?
Direct
Indirect
What is direct intention
The act, circumstance or outcome specified in the offence was the defendants aim or purpose
What is indirect intention?
If the outcome was a virtual certainty of the act and the defendant realised the outcome was a virtual certainty
What offences is indirect intention applied to?
Specific intent offences
What is a specific intent offence?
These offences can only be committed intentionally
What is the doctrine of transferred malice?
Where the defendant has an intention to hit one person however accidentally hit another, the intention can be transferred onto the other person
If I throw a rock to hit a person and then it hits a window and smashes it, would this fall under the transferred malice doctrine?
No as it must be the same offence committed
What does recklessness require?
- The defendant must have foreseen the risk from the act and continues regardless; and
- In all circumstances known to the defendant, it must be an unreasonable risk to take
What does the court ask regarding negligence?
- Did the defendant owe a duty of care; and
- Did the defendant breach the standard of care expected?
What is a strict liability offence?
One that does not require the awareness of all factors constituting the crime and the defendant can be found guilty from the mere fact that they committed the act.
How would the courts look to prosecute a corporation?
The prosecution would look for a ‘controlling mind’ within the corporation.
What are the required elements for murder?
A defendant commits murder when they:
- Cause
- The death of another human being
- Unlawfully
- With the intention to kill or cause GBH
Does the action of murder need to be committed by a physical act?
No, can be caused by action or inaction of the victim if a duty of care is owed
Can you be convicted of murder of a foetus?
No, a foetus is not a human being.
If a victim becomes brain dead due to the victims actions, what charge would the defendant be subject to?
Murder - brain dead is treated as dead
What is voluntary manslaughter?
Occurs where the actus reus and mens rea of murder are made out but there are partial defences that can reduce the offence from murder to manslaughter.
What are the 2 most common partial defences for voluntary manslaughter?
Diminished responsibility
Loss of control
What must a defendant assert for diminished responsibility?
- The defendant must demonstrate an abnormality of mental functioning
- The abnormality must have arisen from a recognised medical condition
- The abnormality must have substantially impaired the defendant’s ability to (1) understand the nature of their conduct, (2) form a rational judgement , or (3) exercise self control
- The abnormality must provide an explanation for the killing
To whom is the burden of proof placed on for diminished responsibility?
The defendant must prove each element on the balance of probabilities
What must be established for a defendant to successfully raise a loss of control defence?
They must show:
- Their role in the killing resulted from a loss of self-control
- The loss of self- control was caused by a qualifying trigger
- A hypothetical person of the defendant’s age and sex might have reacted in the same way.
What is a qualifying trigger for the defence of loss of control?
- Fear of serious violence from the victim against the defendant or any other identified person
- Thing or things done or said which constituted circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged
Is revenge a sufficient trigger for loss of control?
No
Is sexual infidelity considered a trigger for loss of control?
No
What is involuntary manslaughter?
If the mens rea for murder is not made out, the defendant may still be liable for involuntary manslaughter
What are the 2 most common types of involuntary manslaughter?
Unlawful act manslaughter
Gross Neglience manslaughter
What is unlawful act manslaughter?
Where the defendant commits a criminal offence that carries an objective risk to the victim and they dies as a result.
What are the requirements for unlawful act manslaughter?
The act must be:
- Intentional
- Unlawful
- Dangerous
- Cause of death
Can unlawful act manslaughter be committed by ommission?
No it requires an act to satisfy the offence