criminal law Flashcards
what is required for technical assault?
intentionally or recklessly causing the victim to apprehend immediate and unlawful personal force
what is required for battery?
intentionally or recklessly inflicting unlawful personal force
what is required for assault occasioning ABH?
intentionally or recklessly committing an assault or battery which occasions actual bodily harm
what constitutes actual bodily harm?
any hurt or injury calculated to interfere with the health or comfort of the victim - more than transient or trifling
s47 OAPA
assault occasioning actual bodily harm
s20 OAPA
wounding or inflicting GBH
what is required for a s20 OAPA offence
maliciously (intentionally or recklessly) wound or inflict GBH
what is required for a s18 OAPA offence
wounding or causing GBH with the intent to either:
(1) cause GBH; or
(2) resist or prevent the lawful apprehension of any person couple with the intention or recklessness as to causing some bodily harm
what is required for murder
(1) unlawfully cause the death of a human being
(2) with the intention to kill or inflict GBH
what is oblique intent
where death / serious harm is a virtually certain consequence of their actions
what is required for constructive manslaughter
(1) the mens rea of the unlawful act
(2) (i) do an unlawful act which
(ii) is [objectively] dangerous
(iii) and causes the victim’s death
what is required for gross negligence manslaughter
breach of an existing duty of care which causes death, where the breach is grossly negligent. a reasonably prudent person would have foreseen a serious and obvious risk of death
what is required for s1 theft
dishonestly appropriating property belonging to another with the intent to permanently deprive
what is required for s8 robbery
(1) commit theft and,
(2) immediately before or at the time of doing so, and in order to do so, use or threaten immediate force on any person
what is required for s9(1)(a) burglary
enter a building/part of a building as. trespasser with the intent to commit theft, GBH or criminal damage
what is required for s9(1)(b) burglary
enter a building/part of a building and [attempt to] steal, or [attempt to] inflict GBH or criminal damage
what is the mens rea requirement for any burglary offence
knowledge or recklessness as to being a trespasser and intent as to theft/GBH/criminal damage
what is aggravated burglary
burglary where defendant has possession of a weapon of offence at the time
what is required for fraud by false representation
make a false representation intending either to make a gain for themselves/another or to cause a loss/expose another to risk of a loss
what is required for fraud by failure to disclose
dishonestly fail to disclose information that they are under a legal duty to disclose with the intention to make a gain / cause a loss
what is required for fraud by abuse of position
occupy a position in which one is expected to safeguard or not act against the financial interests of another; dishonestly abuse that position; intending to make a gain or cause a loss
what is required for simple criminal damage
intentionally or recklessly destroying or damaging any property belonging to another without lawful excuse
what is required for arson
criminal damage where fire is used to cause the damage
what is required for aggravated criminal damage
destroying or damaging property with the intent or recklessness as to endangering life
when may voluntary intoxication be used as a defence
to crimes of specific intent where D is so intoxicated they entirely lack the mens rea
when may involuntary intoxication be used as a defence
to any crime where it can be proven D lacked the relevant mens rea
when is mistake due to intoxication allowed
only in criminal damage where the mistake is honestly held belief in the lawful excuse
evidential and legal burden of self-defence
D must raise the defence, prosecution must then disprove it beyond reasonable doubt
what is required for diminished responsibility?
(a) abnormality of mental functioning
(b) which arose from a recognised medical condition
(c) and substantially impaired the defendant’s ability to understand the nature of their conduct / form rational judgment / exercise self-control
(d) and provides an explanation for the defendant’s act or omission in doing the killing
what is required for loss of control
(a) defendant must lose self-control
(b) the loss must have had a qualifying trigger
(c) a person of their age/sex with a normal degree of tolerance and restraint might have reacted in a similar way in the circumstances
what is the burden of proof for diminished responsibility
accused must prove on the balance of probabilities
what is the burden of proof for loss of control
merely evidential burden on the accused
what is a qualifying trigger for loss of control
one of or some combination of fear and anger
what constitutes and attempted offence
can only be either-way or indictable. where the defendant has gone beyond the merely preparatory and embarked on the crime proper
what constitutes being an accomplice to an offence
- aiding, abetting, counselling or procuring (must be a causal link for procurement)
- must intend to do the complicit act and have knowledge of the relevant circumstances.
when may an accomplice withdraw participation
- timely and unequivocally before the offence
- during the offence if more than communication has occurred, e.g. attempted to stop it in some way
