Criminal Law Flashcards by Grace white

What is the AR and MR of assault?

AR: causing apprehension of immediate unlawful force
MR: intention to cause the victim to apprehend immediate unlawful force, or is reckless

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What is the AR and MR of Battery?

AR: infliction of unlawful force
MR; intentionally or recklessly inflicting unlawful force

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What is the AR and MR of criminal damage?

AR: damage or destroy property belonging to another
MR: intending or being reckless to destroy or damage property and knowing the property belongs to another or realises that it might

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What is the AR and MR for aggravated criminal damage?

AR: Damage or destroy property belonging to another or themselves
MR: intending or being reckless to the damage AND intending or being reckless that life be endangered by the damage or destruction

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What is the AR and MR for arson?

AR: damage or destruction by fire to property belonging to another
MR: intention or being reckless to destroy property and knowing or realising the property might belong to another

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What is the AR and MR for aggravated arson?

AR: damage or destruction by fire to property belonging to either perpetrator or anyone else
MR: intention or being reckless to destroy property and intending or being reckless that life be endangered by the damage or destruction

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What is the defence of lawful excuse?

Defence only applies to Simple Criminal Damage and Arson. Belief that the owner would have consented or belief that the damage was necessary to protect the property.

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What is the AR and MR for a s47?

AR: assault or battery causing actual bodily harm
MR: intention or recklessness to the assault ONLY

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What is Actual Bodily Harm?

any hurt or injury calculated to interfere with the victims health or comfort

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What is the AR and MR of a s20?

AR: Unlawfully wound or inflict Grievous Bodily Harm
MR: unlawfully and maliciously wound or inflict GBH
- Defendant need only foresee risk of SOME harm

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What is GBH?

Really serious harm
Wounding: breaking both layers of the skin

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What is the AR and MR of a s18?

AR: to wound or cause GBH to a person
MR: wounding or causing ABH with intent to cause GBH
wounding or causing ABH with intent to resist or prevent arrest and recklessness as to causing harm

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What are the two requirements of defence of consent?

Victim must actually consent and defendant must honestly believe that the victim consents

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What are the two requirements for self-defence?

the defendant must honestly believe the use of force was necessary and level of force used must be reasonable

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What is the standard of amount of force a person can use in House holder cases

Level of force must not be GROSSLY disproportionate

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What is the standard amount of force which can be used in non-householder cases?

Force must be reasonable

What is the AR and MR for murder?

AR: unlawful killing of a person
MR: intention to kill or cause GBH

What are the three elements for the defence of loss of control?

Did the defendant kill someone as a result of losing control?
Did the loss of control have a qualifying trigger?
> things said or done of grave character and gives a justifiable sense of being wronged
Might a reasonable person have acted in a similar way?

who has the burden of proof for defence of loss of control?

If there is sufficient evidence to raise this defence, the burden shifts to the prosecution to prove beyond reaosonable doubt that the defence is not satisfied

who has the burden of proof for diminished responsibility?

Defence on the balance of probabilities

What are the elements of the defence of diminished responsibility?

Defendant was suffering from an abnormality of mental functioning
which arose from a medical condition
which substantially impaired the defendants ability to do certain things
which provides an explanation for the action for killing

What is the AR and MR of voluntary manslaughter?

AR: Act must be unlawful and dangerous and result in death
MR:

What are the elements of manslaughter by negligence?

Defendant must owe a duty of care
Defendant must have breached that duty
Breach includes a risk that could cause death
That breach must amount to gross negligence
Defendants actions fall far below that of a reasonable man

What are the elements of theft s1?

AR: appropriate property belonging to another
MR: dishonestly and intention to permanently deprive

What are the elements of dishonesty?

Person is not dishonest if - he has the legal right to deprive the owner of it - the owner would have consented had he known the circumstances - the owner cannot be found by taking reasonable steps

What is the AR and MR of fraud by false representation?

AR: must make a false representation MR: must be dishonest and must intend to make a gain for himself or loss to another by making a false representation

What are the elements of fraud by failure to disclose?

AR: existence of a legal duty and failure to disclose MR: dishonesty and intention to make a gain or cause a loss

What are the elements of fraud by abuse of position?

AR: occupying a position which requires the defendant to look after the victims financial wellbeing and this position was abused MR: dishonesty and intention to make a gain or cause a loss

What are the elements of making off without payment?

AR: goods must be supplied or service done, defendant must make off from the spot where payment is required without paying as required or expected MR: Dishonesty, knowledge that payment was required and intended to avoid payment

What are the elements of robbery?

AR: theft and force is threatened or used at the time/or immediately before the theft MR: dishonesty and intention to permanently deprive and intention to use force in order to steal

What are the elements of burglary s9(1)(a)?

AR: entry to a building or part of a building as a trespasser (intend to exceed any consent ON ENTRY) MR: knowing or being reckless to the fact they are a trespasser intention to commit theft, GBH or criminal damage

What are the elements of burglary s9(1)(b)

AR: enters a building as a trespasser and commit an ulterior offence (theft, attempted theft, gbh, attempted GBH) MR: knowing or reckless as to being a trespasser on entry and the MR of the ulterior offence

What are the elements of aggravated burglary?

Commits any burglary and at the time (depends on which burglary, point of committing burglary must be with the weapon) has with him any firearm or imitation firearm, weapon of offence (anything capable of incapacitating someone or intending to use it to incapacitate) or explosive

How does intoxication work to negate mens rea?

Issue is not whether intoxication caused the defendant to be unable to form mens rea but whether even if still capable, they did form it. Intoxication will only be a defence for specific intent crimes (no availability of recklessness)

What is needed for inchaote (attempt) offences?

Act must be more than merely preparatory (embarks on the crime proper) If crime has MR of intention or recklessnes, it should be intention standard

What is the special rule for aggravated criminal damage in attempts?

There must be an intention to cause damage but can be recklessness in regard to the endagerment of life as this is not a part of the AR of the offence

Who is the principal offender?

The individuals who have the requisite mens rea and commit the actus rea

Who are the secondary parties to a crime?

Those who aid, abet, counsel procure or be party to a joint entrperise

What are the legal and factual causation tests for actus reus?

factual: but for test Legal: operating and substantial cause of the outcome