Criminal Law Flashcards
All of Criminal Law
1
Q
What is Actus Reus?
A
Translates to a guilty act, the physical act of a crime (must be voluntary)
2
Q
What is Mens Rea?
A
Translates to a guilty mind, the mental element of a crime
3
Q
What two parts does every criminal offence have?
A
Physical and mental
4
Q
What are the physical elements?
A
Actus Reus, Ommissions, Causation
5
Q
What are the mental elements?
A
Mens Rea, Transferred Malice, Coincidence Rule, Strict Liability
6
Q
What are omissions?
A
When the law gives a person a legal duty to act and they fail to act
7
Q
What are the 5 types of omission?
A
Contractual duty, special relationship, voluntary assumption of duty, creating a dangerous situation, statutory duty
7
Q
What is contractual duty + case?
A
If a person has a contractual duty to act and fails to do so (Pitwood: failure to close the gate)
8
Q
What is special relationship + case?
A
If a person has a legal duty to act as a parent or guardian/any special relation and they fail to do so (Gibbons and Proctor: Father failed to care for his daughter when his girlfriend starved her)
9
Q
What is voluntary assumption of duty + case?
A
If a person has a legal duty to act if they have voluntarily assumed a duty of care and they fail to do so (Gibbons and Proctor: Father’s girlfriend had a duty to care for daughter)
10
Q
What is creating a dangerous situation + case?
A
If a person has created a dangerous situation and fails to act (Miller: homeless man set fire to a mattress and did not act)
10
Q
What is the statutory duty to act?
A
When someone fails to do something that is required by law such as breathe analysis or insurance after a crash
11
Q
What is causation?
A
What is used to find the cause of a crime/ factual and legal and intervening acts
12
Q
What is Factual Causation + Case?
A
Application of the “But for” test (White) - always guilty
13
Q
What is Legal Causation + Case?
A
Was the defendant the legal cause of the crime? Kimsey - “slight or trifling link”
14
Q
What are the 6 intervening acts?
A
Escape attempts, Bad medical treatment, Thin Skull rule, Act of a third party, Coming off a life-support machine, Refusing to seek medical treatment
15
Q
What is escape attempt + case?
A
When a victim is trying to escape and injures themselves in doing so, IF the actions are reasonable and foreseeable, it will not break the chain of causation (Roberts)
16
Q
What is bad medical treatment + case?
A
When a poor decision made by a medical examiner leads to the death of a person will not break the chain of causation on the grounds of public policy, UNLESS it was done deliberately (Chesire)
17
Q
What is the Thin Skull Rule + Case?
A
When a victim suffers from vulnerability which makes their injuries worse, the d must take the victim as they find them (Blaue)
18
Q
What are acts of a third party
+ case?
A
When a third party is involved in the victim’s Injury or death but the defendant made a contribution, which doesn’t have to be the sole cause (Pagett)
19
Q
What if medical treatment is refused + case?
A
The victim is under no legal obligation to seek medical attention for Injuries caused by the defendant (Holland)
20
Q
What if life support has been turned off + case?
A
If the victim is pronounced medically brain-dead due to the defendant’s actions, taking them off life support will not break the chain of causation (Malcherek and Steel)
21
Q
What are the 2 levels of mens rea and which is higher?
A
Intention and Recklessness, Intention is higher and recklessness is lower for less serious crimes
22
Q
What are the two types of intention?
A
Direct and Indirect
23
What is direct intent + case?
When it is the defendant's purpose, aim, and desire to bring that result and it is evident in the facts of the case (Mohan)
24
What is indirect intent + case?
When it isn't obvious in the facts of the case that the defendant intended to kill/injure the victim; the virtual certainty test is carried out: Was death or serious injury virtually certain? Did D realise this? (Woollin)
25
What are the two types of recklessness?
Subjective and Objective
26
What is subjective recklessness + case?
Was the defendant aware of the risk and did they take it and carry on? (Cunningham)(R v G+R - not guilty as children cant be held to the same rules as adults)
27
What is objective recklessness + case?
When the defendant is unaware of the risk but a reasonable person would be (Caldwell (caused the rule to be overturned))
28
What is transferred malice?
When the mens rea of one offence can be transferred to another BUT only if it is from Person A to Person B or Object A to Object B (Latimer)
29
What is an example when malice was not transferred?
Pembilton: a man threw stones at a crowd to try disperse them but instead hit a window and smashed it - there was no mens rea
30
What is strict liability?
Crimes in which no mens rea is required
31
What is needed for the defendant to be found guilty in a strict liability case?
Only the actus reus of a crime
32
What are the advantages of strict liability?
public protection, easier to prosecute, forces business' to raise standards
33
What are the disadvantages of strict liability?
Unfair on defendant as there is no mens rea, no evidence that it raises standards, conviction could ruin defendants reputation
34
What are Gammon guidelines + name a few?
Gammon guidelines are guidelines put in place to see if a case is strict liability or not - a few are: NOT SL if means rea words are used, NOT SL if it is truly criminal, NOT SL if there is a penalty of prison, SL if the offence is regulatory, SL if it covers issues of social concern
35
Definition of murder?
Where the defendant unlawfully kills another human being with intention to kill or cause GBH
36
What is Coincidence Rule?
The actus reus and mens reus of an act must coincide
37
What approach is given to the Coincidence Rule?
The actus reus is a continuing act and, as long as they occur at some point, the crime will be complete
38
Case for Coincidence Rule?
Church - Man was unable to get an erection and his gf laughed at him, he knocked her unconscious but thought she was dead (mens rea) so rolled her up in a rug and dumped her body in the river where she suffocated and died (actus reus)
Fagan - a motorist was pulled over by a police officer and accidently parked on his foot(actus reus); when told what had happened, the motorist thought it was funny and didn't move (mens rea)
39
What is a fatal offence?
An offence that leads to death
40
What is the definition of manslaughter?
When a victim has died but the defendant did not have clear intention to kill
41
What are the two types of manslaughter?
Voluntary and Involuntary
42
What is voluntary manslaughter?
Defenses that are only available for murder
43
What are the two sub-sections of voluntary manslaughter?
Diminished responsibility and Loss of Control
44
What is diminished responsibility?
When a person has a mental health injury
45
What is loss of control?
When a person is provoked and loses control
46
What is involuntary manslaughter?
Offences which are crimes in themselves
47
What are the two sub-sections of involuntary manslaughter?
Gross negligence and unlawful act
48
What is gross negligence?
When a person fails to fulfill a duty of care
49
What is unlawful act?
A lesser unlawful act which causes death
50
What act does loss of control come under?
s54 of the Coroners and Justice Act 2009 (previously known as the Homicide Act 1957)
51
What test is used for loss of control?
3 stage test
52
What is the first stage of the three stage test for loss of control?
To prove the defendant must have a loss of control
53
What is the rule and case for the first stage of the three-stage test for loss of control?
s54 (2) loss of control does not have to be sudden but the longer the delay, the less likely to get a defence; circumstances can be taken into account when considering this (George) (R v Ahluwalia)
54
What is the second stage of the three-stage test for loss of control?
To have a qualifying trigger for loss of control - s55
55
What are the two qualifying triggers?
Fear of serious violence, Anger trigger, or a combination of both
56
What is the fear of serious violence qualifying trigger?
Defendant must have genuine fear, but violence need not be directed towards them; if this is available, consider if the defendant can rely on self-defence (Pearson)
57
What is the anger trigger?
Things said or done that give circumstances of an extremely grave character and a justifiable sense of being wronged (Hatter)
58
What are the limitations on qualifying triggers?
Sexual infidelity is not seen as a provoking factor UNLESS something else was said or done (Clinton)
59
What is the third and final stage of the 3 stage test for loss of control?
Would a person of the same age, gender, and degree of tolerance in the same circumstances as the defendant act the same? (Holley)
60
When can loss of control not be used?
In a desire for revenge (Evans)
60
What Act does diminished responsibility cone under?
s52 Coroners and Justice Act 2009
61
What test must be fulfilled for the defence of diminished responsibility to be available?
3 stage test
62
What is stage one for diminished responsibility?
The defendant must be suffering from an abnormality of mental functioning that is medically diagnosed (Byrne - a state of mind so different that an ordinary and reasonable person would find it abnormal
63
What are some of the types of mental injury?
Battered Wives syndrome, Epilepsy, Chronic Depression, Pre-menstrual tension, Alcohol/Drug-dependency syndrome, Paranoia/Personality Disorder, Irresistible Impulses
64
What is the case for battered wives syndrome?
Hobson
64
What is the case for epilepsy?
Campbell
65
What is the case for chronic depression?
Seers
66
What is the case for pre-menstrual tension?
Smith
67
What is the case for alcohol/drug dependency syndrome?
Stewart
68
What is the case for paranoia/personality syndrome?
Martin
69
What is the case for irresistible impulses?
Byrne
70
What must be present for stage one of diminished responsibility?
Medical evidence
71
What is the second stage of diminished responsibility?
The abnormality must substantially impair the defendant's ability to: Form a rational judgment, Understand their actions, and Exercise self-control
72
What is the case and ruling for the second stage of diminished responsibility?
Golds - medical injury must be weighty and not just trivial
73
What is the third stage of diminished responsibility?
The abnormality must be a significant contributing factor in causing the act (Would the defendant have done it without the condition?)
74
What act does the third stage of diminished responsibility come under?
s2(1)(b)(Amended) Homicide Act 1957
75
What must the abnormality only be?
Must only be from a medical condition so the jury must ignore any form of intoxication (Dietschmann)
76
What is the test for unlawful act manslaughter?
4 stage test
77
What is the first stage in the four stage test for unlawful act manslaughter?
There must be an unlawful act - typically battery or assault
78
What are the cases for stage 1 of the four-stage test for unlawful act manslaughter?
Khan and Khan - must be a positive act, not an omission
Franklin - must be a crime not a civil wrong
Also explain full law on either battery or assault here
79
What is the second stage in the four stage test for unlawful act manslaughter?
Unlawful act must have a risk of harm (objective test) - it asks would a reasonable person see a risk of harm (church) and would the danger be obvious to any sober and reasonable person (DPP v Newbury & Jones)
80
What is the third stage in the four stage test for unlawful act manslaughter?
Unlawful act must cause the death - causation:
1 - factual cause? "But for" test (white)
2 - legal cause? 'Significant cause' Kimsey
3 - causation issues? Intervening acts
81
What is the test for gross negligence manslaughter and what is it based on?
(Adamako) 4-stage test and it is based on a duty of care
82
What is the last stage in the four stage test for unlawful act manslaughter?
Must have mens rea for the lesser unlawful act (Goodfellow)
83
What is the first stage in the four stage test for gross negligence manslaughter?
It asks if the D owes the V a duty of care - "Ordinary rules of negligence apply":
1 - Is the result foreseeable based off the d's actions?
2 - Do the D and V have a relationship of proximity?
3 - Is it fair and reasonable to impose a duty of care to the D?
84
What is the side rule for the first stage of gross negligence manslaughter?
Joint enterprise (Wacker) - If D and V are jointly engaged in a crime, they still owe each other a duty of care
85
What is the second stage in the four stage test for gross negligence manslaughter?
Was the duty of care breached? "Ordinary principles of negligence apply" - have the D's actions fallen below the standard expected of a reasonable person? (Omissions can be added here)
86
What is the third stage in the four stage test for gross negligence manslaughter?
Was there a risk of death? (Misra) - D can only be liable if the risk of death was foreseeable to a reasonable person
87
What is the fourth stage in the four stage test for gross negligence manslaughter?
Was the breach of duty gross? - was it so bad that it should be considered a crime and did the d have a total disregard for the safety of others (Bateman/Adamako)
88
What are the different non-fatal offences?
1 + 2 - Common assault
3 - Actual bodily harm (ABH)
4 + 5 - Grievous bodily harm (GBH)
89
What comes under Common Assault?
1 - assault (fear)
2 - battery (contact)
90
What comes under ABH?
s47 OAPA (Offences against the Person Act) 1861 - injury which is more than minor, such as a broken nose or loss of tooth etc
91
What comes under GBH?
s20 Malicious wounding
s18 Wounding with intent - serious injury (not life-threatening) such as a broken arm or fractured skull
92
What is assault?
To put another person in fear
93
What is the first stage of the actus reus for assault?
An act - this could be words, gestures or even silence (Ireland) : in the case of Constanza, it can be said that sending emails, letters or texts can also count as assault
94
What is the second stage of the actus reus for assault?
The V must apprehend force (Lamb)
Side rule - Even if the D was joking, it still counts as an assault if the V was scared (Logden)
95
What is the third stage of the actus reus for assault?
The threat of force must be immediate - (Smith v Chief of Woking police) subjective test, did the D believe the threat was immediate then actus reus of assault is complete
Side rule - words may cancel out an assault (Tuberville v Savage)
96
What is the mens rea for assault?
Intention (Mohan) or Subjective Recklessness (Cunningham) - The defendant either intended that outcome or saw a risk of harm and continued (confirmed in Venna)
97
What is battery?
Inflicting unlawful force
98
What is the first stage of the actus reus for battery?
Collins v Wilcock - D makes contact, which could be any form of contact: however slight may amount to battery but not all touch is illegal
99
What are the two side rules for the first stage of actus reus for battery?
Side rule - Touching the V's clothes whilst they are wearing them is like touching the person (Thomas)
Side Rule - Battery can be committed indirectly, such as transferred malice or booby traps (Martin)
100
What is the second stage of the actus reus for battery?
Wilson v Pringle - Touching must be unlawful (hostile or aggressive)
101
What is the mens rea for battery?
Intention (Mohan) or Subjective Recklessness (Cunningham) - The defendant either intended that outcome or saw a risk of harm and continued (confirmed in Venna)
102
What is the first stage of the actus reus for ABH?
The D must have committed a common assault - either assault or battery (choose one and apply actus reus only
103
What is the second stage of the actus reus for ABH?
The assault/battery must have occasioned the injuries (causation)
104
What is the third stage of the actus reus for ABH?
The V must have ABH injuries: Miller - any hurt or injury which interferes with the health and comfort of the V but must be more than trifling and Chan Fook - Must not be so trivial as to be wholly insignificant
105
What is the mens rea for ABH?
Savage - only apply the mens rea for assault/battery (Intention (Mohan) or Subjective Recklessness (Cunningham))
106
What is the definition of s.18 GBH?
Inflicting a wound or GBH injuries with intention to inflict GBH injuries or resist arrest
107
What is the definition of s.20 GBH?
Inflicting a would or GBH injuries with intention or recklessness to inflict some harm
108
What is the actus reus for GBH?
The D must inflict a wound OR GBH injuries - a wound being a break in both layers of the skin (Eisenhower) and a GBH injury being 'nothing more or nothing less than really serious harm (DPP v Smith)
109
What are the two side rules for the actus reus of GBH?
Accumulation of injuries can amount to GBH when taken together (Brown/Stratton) and If there is a vulnerable victim, the injuries can be seen as more serious (Bollom)
110
What is the mens rea for s.20 GBH?
Intention (Mohan) or recklessness (Cunningham) to inflict SOME harm (Mowatt)
111
What is the mens rea for s.18 GBH?
Intention (Mohan) to inflict GBH injuries or intention to resist arrest (Morrison/Mowatt)
112
What section does theft come under and what is it defined as?
Section 1 of The Theft Act 1968 - The dishonest appropriation of property belonging to another, with the intention to permanently deprive
113
What is the first stage of the actus reus for theft?
s3 appropriation - assuming the rights of the owner
Morris - any assumption is enough
Gomez - The appropriation must be dishonest
114
What are the side rules for the first stage of the actus reus for theft?
If D gets a gift and decides to keep it (Section 3(1))
If the D had consent, this can still be an appropriation (Lawrence)
You can appropriate property even if it is a gift (Hinks)
115
What is the second stage for the actus reus for theft?
Property must be stolen - s4 includes:
Money, Personal, Real, Intangible
Property which cannot be stolen:
Knowledge (Oxford v Moss), Wild animals or plants, Electricity
116
What is the third stage for the actus reus for theft?
The property must belong to another - s5(1) states it belongs to another if they have possession and control over it OR a right and interest in it
117
What are the side rules for the third stage of the actus reus for theft?
If someone has a right or interest in your property, you can steal your own property (Turner)
If a person still has a right or interest in something, it is lost property (Section 5(1))
The owner must have intention to leave property for it to be abandoned (Basildon)
If you are given money for a specific purpose, it must be used for that (s5(3) - Davidge V Bennett)
If you receive property by mistake, you are under an obligation to return it (s5(4) - AG's ref)
118
What is the first part of the mens rea for theft?
Dishonesty - must not fall into any of the three negatives:
s.2(1)(A) - The D believes they have a right in law
s.2(1)(B) - The D believes the owner would've consented
s.2(1)(C) - The D believes the owner can't be found via reasonable steps
If none of these apply, apply dishonesty test from Ivey, confirmed in Booth - Was the D dishonest by the standard of an honest and reasonable person?
119
What is the second part of the mens rea for theft?
Intention to permanently deprive, s6(1) - The D intends to continue to treat the property as if it their own, regardless of owners rights
120
What are the side rules for the second part of the mens rea for theft?
Even if you intended to replace money, it cannot be the same so is still intention to permanently deprive (Velumyl)
If you give property back but have taken the 'goodness, value and virtue' out of it, it is intention to permanently deprive (Lloyd)
If you only intend to steal if there is something worth stealing, this is not intention to permanently deprive (Easom)
121
What section does robbery come under and what is it defined as?
Section 8 Theft Act 1968 - Where the D steals, and immediately before or at the time, in order to do so, uses force or the threat of force
122
What is the first part of the actus reus for robbery?
The D must have committed a theft (Robinson)
123
What is the second part of the actus reus for robbery?
The D must use force or the threat of force (Dawson - any amount of force is enough)
124
What are the side rules for the second part of the actus reus for robbery?
Indirect force, as long as the V is wearing/holding it (Clouden)
Threats of force; even if the D doesn't feel fear (B&R v DPP)
125
What is the third stage of the actus reus for robbery?
Force must be used immediately before or during the theft (Hale) - appropriation is a continuing act so it must have happened at some point
126
What is the fourth stage of the actus reus for robbery?
Force must be used in order to steal (Lockley)
127
What is the mens rea for robbery?
Apply mens rea of theft (dishonesty and intention to permanently deprive) and Intention to use force or threat of force (Mohan)
128
What section do attempts come under and what are they defined as?
Section 1 Criminal Attempts Act 1981 - Where a D does an act which is more than merely preparatory, with the intention to commit the full crime
129
What is the actus reus for attempts?
The D must do an act which is more than merely preparatory (Jones)
Geddes makes this a two stage test:
Had the accused move from planning to execution?
Had the accused done an act showing that he was actually trying to commit the full offence?
130
What is the mens rea for attempts?
The D must intent to commit the offence, recklessness is not enough (Mohan)
131
What is the side rule on the mens rea for attempts?
Shivpuri - Attempting to commit the impossible still counts as the intention to commit the crime was there
132
What are the two types of Intoxication?
Voluntary and Involuntary
133
What is the case for Voluntary Intoxication and what does it state?
Majewski - There is differences between specific and basic intent crimes
134
What is the defence of Intoxication if it is a specific intent crime?
The defence is available BUT only if the D was so intoxicated that they could not form the mens rea
135
What is the defence of Intoxication if it is a basic intent crime?
The defence is not available as D was voluntarily intoxicated so was already reckless - HOWEVER, the defence may be available as long as the D would not see risk even if sober (Richardson and Irwin)
136
What is the side rule for voluntary intoxication?
Dutch courage - defence is not available as D formed mens rea before becoming intoxicated (Gallagher)
137
What is the case for Involuntary Intoxication and what does it say?
Hardie - where the D was spiked or had unexpected side effects of prescription medication
138
What is the defence for Involuntary Intoxication for both specific and basic intent crimes?
The defence is available as long as D was SO intoxicated that they could not form the mens rea as ‘drugged intent is still intent’ (Kingston)
139
What is the side rule for Involuntary Intoxication?
Defence is available as long as the side effect of prescription drug was unexpected (Hardie)
140
What act does self-defence come from and what can it be used for?
Section 76 Criminal Justice and Immigration Act 2008 states it can be used to defend yourself, others or prevent a crime and is a 2 stage test
141
What is the first stage of self-defence?
Section 76(3) states that the force must be necessary and D must have held genuine belief that force is necessary (subjective)
142
What are the side rules for the first stage of self-defence?
Section 76(4) - defence is available if D made genuine mistake (Gladstone Williams)
Section 76(5) - if D made mistake due to being intoxicated, the defence is lost
Pre-emptive strike - the D can make the first move to protect themselves, the law states they do not need to wait till hit (Beckford)
143
What is the second stage of self-defence?
The force must be reasonable - Lord Palmer in Morris stated that it is difficult to weigh up the amount of force that is necessary by the D but they will get the defence if they acted honestly and instinctively
144
What are the side rules for the second stage of self-defence?
Excessive force - if excessive force is used, the D will lose the defence (Martin)
Self-defence in the home - If self-defence is in the home it can be disproportionate as long as it is not grossly disproportionate (Crime and Courts Act 2013)
145
What act does insanity come from and what does it state?
Section 1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 which states there must be evidence from two doctors, one of whom must be an expert in mental health
146
What is insanity defined as?
M'Naghten's case defines insanity as having three stages: the D must suffer from a defect of reason, which comes from a disease of the mind and must not understand the nature and quality of their actions
147
What is the first stage of insanity?
The D must be suffering from a defect of reason, which means their powers of reasoning are impaired - temporary absentmindedness or confusion is not enough (Clarke)
148
What is the second stage of insanity?
The defect of reason must cause a disease of the mind, which affects the D internally
149
What are some examples of diseases of the mind?
Epilepsy (Sullivan)
Sleep Walking (Burgess)
Schizophrenia
Chronic Depression
Diabetes (Hennessy)
150
What is the third stage of insanity?
D must not understand nature and quality of their actions, the D must not have known that what they did was legally wrong (Windle)
151
What is automatism defined as?
Automatism is defined by Lord Denning in Bratty as, "an act done by the muscles without any control of the mind"
152
What are some examples of automatism?
Reacting to swarm of bees/Reflexes/Spasms (Hill V Baxter)
Diabetes (Quick)
Concussion
Hypnotism
Effects of medication
153
What is the first stage of automatism?
D must have lost FULL control so that actus reus was done involuntarily (Broome V Perkins)
154
What is the side rule for the first stage of automatism?
Self-induced automatism - If the D was aware that their actions would result in automatic state (Bailey)
IF a basic intent crime - no defence as recklessness was already committed
IF specific intent crime - defence is still available
155
What is the second stage of automatism?
The D must have no means rea for the crime so must be "without any control of the mind"
156
What is duress defined as?
Where the D commits a crime only because they were forced to do so
157
What is the first stage of duress?
The D must have committed a crime which was nominated by the person making the threat (Cole)
158
What are the two types of duress and their stages?
Duress by circumstances(2-5) and Duress by threats(1-5)
159
What is the second stage of duress?
The threat must be of death or serious injury - threats against property are not enough (Valderama-vega)
160
What is the third stage of duress?
The threat must be against the D, their close family or friends, or somebody they are responsible for (Wright)
161
What is the fourth stage of duress?
The threat must be immediate or almost immediate so that the D does not have time to go to the police (Hasan)
TIP: If the D feels like they are being watched or followed, it may seem almost immediate
162
What is the fifth stage of duress?
Should the D have resisted duress? Comes as a two stage test (Graham):
Did D act because they reasonably believed if they didn't them or another would suffer death or serious injury? (Subjective)
Would a "sober person of reasonable firmness", with the same characteristics as the D, have acted the same? (Objective)
Bowen states the characteristics that an be taken into consideration are: Age, Pregnancy, Physical/Mental disability
163
What is the side rule for the fifth stage of duress?
Self-induced duress - if the D bought pressure on themselves through joining a gang or association, they will lose the defence (Hasan)
