Criminal Law Flashcards
intention
aim or purpose
oblique intention
- X was a virtual certainty as a result of D’s actions (objective)
- D appreciated this (subjective)
recklessness
- D sees a risk that their actions would cause X (subjective)
- in the circumstances known to D, it was objectively unreasonable to take that risk
assault
actus reus = causing the victim to apprehend immediate and unlawful personal violence
- apprehension = making V to expect or anticipate but not necessarily fear
- unlawful = not in self-defence
- personal violence = unwanted touch (not necessarily physical harm)
- examples = raising fist, threats of violence in words
mens rea = intention or recklessness to cause the victim to apprehend immediate and unlawful personal violence
battery
actua reus = application of unlawful force to another
- application can be direct or indirect e.g., digging a hole that V falls into
- applying force by omission = not warning of needle in pocket, then needle stabs V
- force = physical contact, does not have to be rude, hostile or aggressive
mens rea = intention or recklessness as to applying unlawful force on another person
s47 - assault occasioning actual bodily harm
actus reus = assault occasioning ABH
- actus reus of either assault or battery
- assault or battery must cause the ABH
- ABH = any injury which interferes with the health or comfort of V, need not be permanent or serious, must be more than transient, trifling, and trivial (e.g., bruising, minor fractures, temporary loss of consciousness or sensory functioning, psychiatric injury that is more than trivial)
mens rea = mens rea for assault or battery (not intention or recklessness to cause ABH)
s20 - wounding or inflicting grievous bodily harm
actus reus = wounding or inflicting GBH + causation of wounding or GBH
- wounding = break both layers of the skin
- GBH = serious harm - consider effect of injuries on the victim considering their health and age, and the totality of the injuries caused (e.g., broken bones, fractured skull, permanent disability, blood loss, serious psychiatric injury)
mens rea = intention or recklessness to causing SOME HARM (not wounding or GBH)
s18 - wounding or inflicting GBH with intent
actus reus = wounding or GBH + causing wounding or GBH
mens rea = intention to cause GBH (serious harm) - can be direct or oblique intent
theft
dishonestly appropriating property belonging to another with the intention to permanently deprive
actus reus
- appropriating = assuming any one right of the owner
- belonging to another = someone with possession or control over an object
mens rea
- dishonesty =
- D will not be dishonest if he subjectively believed they had the right to deprive V of that property, would have V’s consent if V knew, or V cannot be discovered by taking reasonable steps
- D will be dishonest if based on D’s subjective knowledge of the facts, D was objectively dishonest by the standards of ordinary decent people
- intention to permanently deprive = intention to treat the property as their own to dispose of, render property useless by destroying it, borrowing with intention to return it minus all its practical value
robbery
actus reus = theft and immediately before or at the time of theft, in order to steal, used force or the threat of force on any person or sought to put a person in fear of being then and there subject to force on
mens rea = intention to use force in order to steal (direct or oblique intent)
s9(1)(a) burglary
actus reus = D enters a building or part of a building as a trespasser
mens rea =
- knowing or being reckless as to entry as a trespasser
- at the time of entry, D intends to commit:
- theft
- inflicting GBH
- unlawful criminal damage
s9(1)(b) burglary
actus reus = D enters a building or part of a building as a trespasser
mens rea = knowing or being reckless as to entry as a trespasser
and once inside, commits =
- theft / attempted theft
- inflicted GBH / attempted inflicted GBH (but no offence required, only the GBH)
aggravated burglary
if D has with them at the time of the burglary (time of entry vs time of committing ulterior offence):
- firearms / imitation firearms
- explosives
- weapon of offence = article made or adapted for causing injury, or made or adapted to incapacitate a person, or an article intended by D to injure or incapacitate
simple criminal damage
actus reus = damaging or destroying property belonging to another without lawful excuse
- damage = property need not be rendered useless; need not be permanent only that time, effort, and money are needed to restore it; permanent or temporary impairment of value or usefulness
- lawful excuse =
- self-defence
- D believes the owner would have consented = genuinely held; need not be reasonable
- D acts to protect their own or another’s property = subjective belief that property was in immediate need of protection AND that means adopted are reasonable + means adopted are objectively reasonable
mens rea =
- intention or recklessness as to damage or destruction of property
- knowledge or recklessness as to whether property belongs to another
aggravated criminal damage
actus reus = damaging or destroying property (D or another’s)
mens rea =
- intention or recklessness to destroy or damage property
- intention or recklessness to endanger life by the damage or destruction of property
- no life needs to be endangered
- the danger to life must be from the property not from the means of damaging the property