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FLK 2 > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Causation - factual causation

A

But for test - but for the d action V would not have died

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2
Q

Legal causation

A

Must arise from D’s cupbable act (no intervening acts) - must also be substantial and operating

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3
Q

When will a interning act break the chain of causation?

A
  1. Act of third party - will break chain of causation unless foreseeable
  2. Act of God - will break chain of causation unless foreseeable
  3. Act of victim - will not break chain of causation unless disportionate or unreasonable
  4. Act of medical negligence - will only break the chain if it is so potent that it renders the original injury as party of the patient history or makes defendant contribution insignificant
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4
Q

Men’s rea - 4 types

A
  1. Direct intention - D aims or purpose to bring a result
  2. Oblique intention - D doesn’t aim to bring a result but it is a virtually certain result from his action and he knows it is.
  3. Recklessness - unjustifiable risk taking - d is aware of the risk and unreasonable in taking the risk
  4. Negligence - fails to meet the reasonable standard of care
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5
Q

AR and MR must happen at the same time - what are the exceptions

A
  1. Transferred malice - can only be transferred if its the same offence. So intention to steal can’t be used in murder act.
  2. Continuing act
  3. Series of acts - D had the mens rea at some point
  4. Strict liability - no men’s rea needed.
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6
Q

Joint enterprise - What is the difference between joint principle offenders and secondary offender?

A

Joint principle offender - is a secondary party that has equally committed the substantive offence by having the committed the AR and MR

Secondary offender - does not commit the substantive offence but assist or encourage the offence to take place

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7
Q

What is innocent agent?

A

Someone who commits an offence on the direction of another but cannot be convicted as they did not have a MR.

In some circumstances the innocent agent AR can be placed on the principle offender MR for them to be convicted.

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8
Q

How do you establish liability of accomplice?

A
  1. Principle offender must commit the offence.
  2. The assessory must aid, abet, counsel or precure the commission of the principle offence.
  3. The assessory must have knowledge of the essential matters of the principle offence
  4. The assessory must intend to assist, abet, counsel or precure the principle offence to be committed - must match the intention of the particular offence.

Will be punished as the principle offender

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9
Q

How can an accomplice withdraw?

A

Withdrawal must be communicated, and unequivocal disengagement.

Must persuade the principle to stop rather than simply leave

Must withdraw before or on the commission of offence.

The greater the level of assistance, the greater level of withdrawal needed

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10
Q

Joint enterprise - what is an ‘overwhelming supervening event’?

A

When the principle acts in such a manner that ‘nobody in the defendant shoes would have been able to foresee it happening that it renders the d’s acts as history’ - D would therefore not be liable for the offence.

This can’t be a mere escalation of events

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11
Q

What is an inchoate offence?

A

An attempt of an offence - which is more than merely preparatory

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12
Q

What are the elements needed for attempt?

A
  1. The offence can be attempted. I.e. indictable, either way that is indictable.
  2. D commits the attempt by act not omission
  3. The act is considered as more than merely preparatory
  4. D must have intended to commit the full offence - remember for murder and arson the intention for attempt must be intention to kill or intention to cause damage or destruction by fire.
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13
Q

Brevity explain how intoxication can be used a defence?

A

Intoxication is a partial defence

Voluntary intoxication + specific intent = defence as long as men’s rea is not there

Voluntary intoxication + basic intent offence + dangerous drugs (includes alcohol)= D is liable

Voluntary intoxication + basic intent offence + non dangerous drugs = D is guilty if he is reckless in taking the drug

Involuntary intoxication + any offence = defence as long as men’s rea is not there (not enough if you were still going to do it and the alcohol just gave you encouragement)

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14
Q

Breifly explain self defence elements

A

Self defence is a general defence

The use of force by D was necessary in the circumstance D believed them to be?
The use of force was reasonable in all the circumstance D believed them to be? - objective test on facts of the crime.

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15
Q

What is the elements of general homeowner defence?

A
  1. D must of been an house holder
  2. Self defence must be used in the partly or while in the dwelling
  3. D believed the V was a trespasser
  4. D believed that force was necessary in all the circumstances
  5. D force was not grossly disportioncate
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16
Q

Elements of murder (5)

A
  1. There must be a killing of a person
  2. Killing must be unlawful
  3. Defendant must have caused death
  4. Killing takes place at a time of peace
  5. Intention to kill or cause GBH
17
Q

Elements of voluntary manslaughter - loss of control?

A
  1. D acts or omission of being a party of to the killing was a result of loss of control.
  2. The loss of control had a qualifying trigger
    A. Fear of serious violence
    B. Anger trigger - from something said that was extremely of grave behaviour or the sense of being seriously wrong
  3. Anyone in D’s sex and age who had normal self control and restraint would have acted the same in those circumstances
18
Q

What are the elements of voluntary manslaughter - diminished responsibility?

A
  1. D must suffer from an abnormality of mental functioning
  2. The abnormality must arise from a recognised medical condition
  3. The abnormality must cause a substantial impairment
  4. The abnormality provides explanation for the killing
19
Q

Name the elements of involuntary act manslaughter?

A
  1. D must intentionally do an act
  2. The act must be unlawful - not one of negligence or strict liability
  3. The act is objectively dangerous
  4. The act has in fact and law caused death.
20
Q

Involuntary manslaughter (Gross negligence manslaughter)?

A
  1. D owes the victim a duty of care
  2. D breach that duty of care
  3. The breach involves a serious and obvious risk of death that was reasonably foreseeable
  4. The breach of duty causes death
  5. D conduct can be characterised as grossly negligent.
21
Q

Elements of assault.

A
  1. D must cause another person to apprehend harm
  2. The apprehension must be immediate harm
  3. The apprehension must be of unlawful personally violence
  4. D must intend or be reckless as to cause another person to apprehend and unlawful violence
22
Q

Battery elements

A
  1. D applies force
  2. Force must be of unlawful violence
  3. D must intend or be reckless as to the application of unlawful force
23
Q

Elements of ABH s47

A
  1. D must commit an assault or batter
  2. The assault or battery must be occasioning harm - the act (assault or battery) bring the actual boldly harm
  3. The harm must amount to Actual body harm - more than trifling but less the GBH - this also include physiatric harm
24
Q

Element of s20 GBH

A
  1. D must unlawfully wound or inflict GBH
  2. D must intend or be reckless to cause some harm
25
Q

Elements of s18 GBH

A
  1. D must unlawful wound to cause GBH
  2. D must intend to wound or cause GBH (Serious harm)
26
Q

Theft elements

A
  1. D must appropriate (dealings)
  2. The appropriation must be of property
  3. The appropriated property must belong to another
  4. D must be dishonest in his appropriation of the property belong to another
  5. D must have the intention to permanently deprive another person of that property
27
Q

Robbery elements

A
  1. D must commit a theft
  2. D must use force or the fear of force on any person
  3. D must use force or the fear of force immediately before or at the time of stealing
  4. The force or fear if must be used in order to steal
  5. D must intend to use force in order to steal
28
Q

Bulgarly elements - 9(1)(a)

A
  1. D must enter a building
  2. The entry must be of a building or party of a building
  3. D must be a trespasser when he enter the building or part of the building.
  4. D must have the necessary intention or recklessness as to being a trespasser
  5. D must intend to commit one of the ulterior offences
29
Q

Elements of burglary - 9(1)(b)

A
  1. D must have entered a building
  2. The entry must be of a building or part of a building.
  3. The d must be a trespasser when he enters the building or part of the of the building.
  4. D must have the necessary intention or recklessness as to being a trespasser
  5. D must commit one of the ulterior offences
30
Q

Elements of aggravated burglary

A
  1. Commits a burglary
  2. At the time of commiting the burglary, D has with him an aggravating article
31
Q

Fraud by false representation

A
  1. D must make a representation
  2. That representation must be false
  3. D must know that the representation is false
  4. D must be dishonest in making his representation
  5. D must have intention to make a gain or cause a loss as a result of his false representation
32
Q

Fraud by failing to disclose information

A
  1. D must fail to disclose information
  2. D must be under a legal duty to disclose information
  3. D must be dishonest in failing to disclose information
  4. D must have the intention to make a gain or cause a loss by result of failing to disclose information
33
Q

Frauds by abuse of position

A
  1. D must occupy a position
  2. That position is one where d is expected to safeguard or not act against the fiancial interest of another
  3. D must abuse his position
  4. D must be dishonest in abusing his position
  5. D must have the intention to make a gain or a loss a result of his abuse of position
34
Q

Simple criminal damage

A
  1. There must be destruction or damage
  2. The destruction or damage must be of property
  3. The property must belong to another
  4. The destruction or damage must be without lawful excuse
    A, Consent
    B. The act must been done to protect property and that property was in immediate need of protection, and the means of protection was reasonable in all the circumstance
  5. D must have intention or recklessness to destroy property
35
Q

Aggravated criminal damage

A
  1. There must be destruction or damage
  2. The destruction or damage must be of property
  3. D must have the necessary intention or recklessness to damage or destroy property
  4. D must have the necessary intention or recklessness as to endangering the life of another by the damage or destruction.
36
Q

Simple Arson

A
  1. There must be a destruction or damage by fire
  2. The destruction or damage must be of property
  3. The property must belong to another
  4. The destruction must be done without lawful excuse
  5. D must have the intention or recklessness to damage or destroy the property by fire
37
Q

Aggravated arson

A
  1. There must be a destruction or damage by fire
  2. The destruction or damage must be of property
  3. The destruction must be done without lawful excuse
  4. D must have the intention or recklessness to damage or destroy the property by fire
  5. D must have the intention or recklessness as to endangering life by fire
38
Q

What is the criminal test for dishonesty?

A
  1. What was the defendant actual state of knowledge or belief as to the facts?
  2. Was his conduct dishonest in the standards of ordinary standard people?

FLK 2 (7 decks)

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