Criminal Law

Question 1

Actually reus

Answer 1

This refers to the alleged act itself

Question 2

Mens rea

Answer 2

The mental element/ the intention to do the act.

Both mens rea and actualisation reus must be there to constitute an offence

Question 3

Strict liability

Answer 3

Where only the actus reus needs to be proved. E.g. a man is driving over the speed limit didn’t mean to but still gets a fine.

Question 4

Contractual duty of care

Answer 4

When you have a duty of care in a job. E.g. a lifeguard has a duty to make sure no one drowns.

Question 5

Relationship duty of care

Answer 5

When a parent/guardian has a duty of care over a child. (R v Stone and Dobinson - failing to look after child)

Question 6

Factual cause

Answer 6

Where the consequences wouldn’t have happened but for the actions of the defendant. (Pagett- convicted on manslaughter as v died as a result of D’s actions)

Question 7

Oblique intent

Answer 7

Not having the same intention as the outcome. E.g. Hancock and Shankland throwing stone off bride to stop driver but actually killed them

Question 8

Foresight of consequence

Answer 8

When prosecution can prove D was aware of the possibility of a certain consequence and still went ahead with the actions.

Question 9

Offences Against the Person Act (OAPA) 1861

Answer 9

Non-fatal offences

Question 10

What are the 2 types of Common assault

Answer 10

Assault - MR (intention to be threatening) and the AR (making a threat causing fear)

Battery - MR (intention to be violent) and the AR (inflicting force or violence)

*No bruising or injuries

Question 11

STATUTORY OFFENCE - Assault causing Actual Bodily Harm (S 47)

Answer 11

AR - battery resulting in ABH
MR - intent to be violent

• In ABH there can be bruising or small surface scratches
• prison sentence of up to 5 years

Question 12

STATUTORY OFFENCE- Inflicting Grevious Bodily Harm (GBH) (S 20)

Answer 12

AR - wounding (any visible break of the skin) or inflicting GBH
MR - Intention to cause ABH, not the level that was actually inflicted

*prison sentence of up to 5 years

Question 13

STATUTORY OFFENCE- GBH with intent (S 18)

Answer 13

AR - Wounding or causing GBH
MR - The intention to cause GBH

*carries a maximum prison sentence (life)

Question 14

Need for modern simplified language

Answer 14

S 20 ‘maliciously’. Modern language interprets this as deliberate intention but that’s not what s 20 is about

Question 15

1998 draft bill

Answer 15

This was used to modernise Language of OAPA. The word assault covers both assault and battery as many people knew of battery as assault.

Question 16

Criticism of the structure of offences

Answer 16

The structure of non fatal offences is disproportionate. S 47 and S20 have the same prison sentence when the outcome is a lot different. Similarly S 18 having life in prison when the outcome is the same as S 20 but that’s only 5 years.

Question 17

Criticisms of OAPA (R v Dica)

Answer 17

Man convicted under S 20 for intentionally giving someone else HIV. The OAPA discriminates against people with STI’s that if the give it to someone else they could possibly be criminals