Criminal Law Flashcards
complete
1
Q
In which court do all criminal offences start?
A
Magistrates’ Court
2
Q
In all criminal cases, who has the burden of proving a crime has been committed?
A
The prosecution
3
Q
If a defendant raises certain defences they have some burden of proof. To which standard?
A
On the balance of probabilities
4
Q
What is the evidential burden of proof?
A
The burden of proof on a defendant when they raise certain defences
On the balance of probabilities
5
Q
What is the legal burden of proof?
A
The burden of proof the prosecution has of disproving a defendant’s defence
Beyond a reasonable doubt
6
Q
To what standard of proof must the prosecution prove a defendant has committed a crime?
A
Beyond a resonable doubt
7
Q
What is the term for offences that do not have a mens rea requirement?
A
Strict liability offences
8
Q
What is the criminal equation?
A
Actus reus + mens rea - defence = guilty
9
Q
What are the 5 circumstances where a duty to act arises?
SSVCD
A
- Under statute
- Special relationship
- Voluntary assuption of a duty of care
- Duty imposed by contract
- Where defendant knowingly creates a dangerous situation
10
Q
What must exist for an omission to be a criminal act?
A
A duty to act
11
Q
What type of crimes require a certain outcome for an offence to be committed?
A
Result crimes
12
Q
What is the test for factual causation?
A
But for test
13
Q
What is the effect of lack of foreseeability on causation?
A
Breaks the chain of causation
14
Q
What is being described?
The conduct must be both the substantial and the operative cause of the outcome
A
Legal causation
15
Q
When is a defendant’s action ‘substantial’?
A
When their role is more than minimal, slight, or ‘trifling’
16
Q
What are the circumstances required for a third party to break the chain of causation?
A
Their actions are free, deliberate, and informed
17
Q
When is a defendant’s action ‘operative’?
A
When there is no intervention between the defendant’s act and the result (no break in the chain of causation)
18
Q
What kind of action is required of the victim for it to break the chain of causation?
A
The action must be so daft as to be unforeseeable
19
Q
When can medical treatment break the chain of caustaion?
A
If it is so bad and so independent of original injury
20
Q
Will a victim’s pre-existing condition or religious beliefs will break the chain of causation?
A
No
Thin skull principle applies
21
Q
What are the 2 types of mens rea intention?
A
Direct and indirect (oblique) intention
22
Q
What are the 2 requirements of the defendant’s act for indirect intention to arise?
A
Defendant’s act must be
- A virtually certain consequence of their conduct
- Realised by the defendant as being virtually certain
23
Q
Which type of offences is indirect intention available for?
A
Specific intent offences
Where recklessness is not available as a form of mens rea
24
Q
What type of crime is attempt?
A
A specific intent crime
25
What is the term for offences which can be committed either intentionally or recklessly?
Basic intent offences
26
What are the following examples of:
attempt, encouragement or assistance, murder, causing s18 GBH with intent, theft, robbery, burglary s9(1)(a), and fraud by false representation
Specific intent offences
27
If a defendant intends to commit an offence against A but inadvertently commits it against B, what happens to the intent?
It is transferred to the new victim B
28
When is transferred malice applicable?
## Footnote
As regards the offence
When the offence intended is the same as the one committed
29
What are the 2 requirements for recklessness?
- Defendant forsees risk and continues regardless (objective)
- Unreasonable risk to take (subjective)
30
What are the following crimes examples of:
assault, battery, s20 GBH, and criminal damage
Recklessness crimes
31
What are the 2 requirements (questions) for negligence?
- Did the defendant owe a duty of care?
- Did the defendant breach the expected standard of care?
32
What type of defences are not available for strict liability offences?
Why?
Defences that negate state of mind
Mens rea not required for defendant to be found guilty
33
What must the prosecution find to use the identification doctrine in corporate liability?
A controlling mind
34
What is the definition of murder?
Causing the death of another human being unlawfully with the intention to kill or cause grievous bodily harm
35
What sentence does murder carry?
Mandatory sentence of life imprisonment
36
Is a foetus a human being for purposes of murder?
No
37
At what point does death occur for purposes of murder?
When the victim is medically brain dead
38
What is voluntary manslaughter?
When the actus reus and mens rea of murder are satisfied but there are partial defences
39
What are the 2 most common defences that can reduce murder to voluntary manslaughter?
- Loss of control
- Diminished responsibility
40
What are the 3 requirements to assert diminished responsibility?
- Abnormality of mental functioning arisen from a medical condition
- The abnormality must have substantially impaired defendant’s ability to: understand nature of their conduct, form a rational judgment, or exercise self-control
- The abnormality must provide an explanation for the killing
41
Who has the burden to prove diminished responsibility and to which standard?
Defendant
On the balance of probabilities
42
What are the 3 requirements to assert loss of control?
- Role in killing resulted from loss of self-control
- Loss of control caused by qualifying trigger (fear of serious violence or things said or done...)
- Person of defendant's age and sex would have acted in the same way
43
What are the 2 qualifying triggers which can be used to assert loss of control?
- Fear of serious violence from victim against defendant or another
- Things said or done which constituted circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged
44
Which 2 grounds are specifically excluded from qualifying as a trigger for loss of control?
- Sexual infidelity
- Revenge
45
What are the 2 relevant examples of involuntary manslaughter?
- Unlawful act manslaughter
- Gross negligence manslaughter
46
When may a defendant be able to assert involuntary manslaughter?
When the mens rea of murder is not made out
47
What is the definition of unlawful act manslaughter?
The defendant commits a criminal offence that carries an objective risk to the victim and they die as a result
48
What are the 4 requirements of the act under unlawful act manslaughter?
- Intentional
- Unlawful
- Dangerous
- The cause of death
49
What are the 5 elements of gross negligence manslaughter?
- Defendant owes victim duty of care
- Defendant breached duty of care
- Breach caused victim's death
- There was a serious and obvious risk of death
- The breach amounted to gross negligence
50
Which of the following can result from failing to act when a duty arises and not only a positive act?
- Unlawful act manslaughter
- Gross negligence manslaughter
Gross negligence manslaughter
51
What category do assault and battery fall within?
Common assualt
52
When does assult occur?
When a defendant intentionally or recklessly causes another person to apprehend immediate unlawful personal violence
53
When can words negate an assault?
If it stops the victim from believing they will be immediately assaulted
## Footnote
If the threat is conditional but might happen, it is sufficient for assault
54
What is the mens rea for assault?
Intention or recklessness regarding causing the apprehension of immediate unlawful violence
55
When does battery occur?
When the defendant intentionally or recklessly applies unlawful personal violence on another person
56
Which act and section governs ABH?
Offences Against the Person Act 1861 Section 47
57
What level of injury qualifies ABH?
More than merely trifling
58
What is the mens rea of ABH the same as?
The mens rea for assault and battery
## Footnote
Intention or recklessness as to whether a victim will apprehend the infliction of immediate unlawful violence or the application of unlawful force
59
What is a wound for purposes of GBH s20?
Any injury where both layers of the skin are broken
60
What is the mens rea of GBH s20?
Intention or recklessness regarding causing some harm
61
What is the mens rea of GBH s18?
- Intention to cause serious harm; or
- Foresee risk of some harm and intend to resist lawful apprehension
62
What are the 6 main legally recognised categories of consent to ABH and GBH?
- Surgery
- Body modification
- Religious practices
- Sports
- Horseplay
- Sexual gratification
63
What is the definition of theft?
Dishonest appropriation of property belonging to another with the intention of permanently depriving them of it
64
What is appropriation?
Any assumption of the rights of the owner
65
What is the standard of dishonesty for theft?
By the objective standards of reasonable and honest people
66
What 3 beliefs if held by the defendant deem them not to be dishonest?
- Entitlement
- They would have the owner's consent
- The owner could not be discovered by taking reasonable steps
67
When does a defendant commit robbery under Theft Act 1968 s8?
If they commit theft and immediately before or at the same time use force on any person or put any person in fear of being subjected to force in order to steal
68
Is robbery possible without theft?
No
69
What are the 3 ways the force element of robbery can be satisfied?
- Infliction of force
- Causing an apprehension of force
- Seeking to cause an apprehension of force
70
To qualify as robbery, when must force be used in relation to the offence?
What must the force be used for?
Before or at the time of the offence
To steal
71
What are the 2 types of burglary offences under the Theft Act 1968?
s9(1)(a)
s9(1)(b)
72
What is the actus reus of burglary under Theft Act 1968 s9?
The defendant must have knowingly or recklessly entered a building or part of a building as a trespasser with any part of their body
73
At which time is the crime of burglary under s9(1)(a) committed?
At the time of entry
74
What is burglary under s9(1)(a) simply?
Burglary by trespass with intent
75
When does burglary fall under s9(1)(a)?
## Footnote
Defendant's intent
The defendant must enter the building intending to
(1) steal anything in the building
(2) inflict GBH on anyone in the building
(3) cause criminal damage in the building
76
What is burglary under s9(1)(b) simply?
Burglary by offence following trespassory entry
77
When does burglary fall under s9(1)(b)?
Following trespassory entry, defendant committed or attempted to commit theft or GBH
78
Which offence is an underlying offence under s9(1)(a) but not s9(1)(b)?
Criminal damage
79
At which time is the crime of burglary under s9(1)(b) committed?
At the time of the underlying offence
## Footnote
Because intent of burglary on entry not required, intent can arise later
80
When does burglary become aggravated burglary?
When the defendant has a firearm or imitation, a weapon of offence, or any explosive
81
What intention is required for all types of fraud to be committed?
To make gain for themselves or another, or cause or risk loss to another
82
What is the mens rea for fraud by false representation?
Defendant must:
- Know the representation is or might be false or misleading
- Act dishonestly
- Intend to make gain for themselves or another, or cause or risk loss to another
## Footnote
Gain need not be realised
83
Who decides whether fraud by abuse of position has taken place?
Jury
84
Is damage to intangible property like copyrights and bank accounts a criminal damage offence?
No
85
What type of plants are specifically excluded from criminal damage offences?
Wild plants and fungi
86
When can a person commit criminal damage against property they own?
If another co-owns it
87
What is the mens rea for criminal damage offences?
- Intention to destroy or damage property or be reckless as to whether it will be damaged
- Knowledge or belief the property belongs to another
88
What are the 2 specific defences to criminal damage offences?
Belief that...
- The owner did or would have consented to the damage
- The property is in immediate need of protection, and the means of protection is reasonable
89
What are the 3 key differences for aggravated criminal damage?
- The property can belong to the defendant or someone else
- Defendant must intend or be reckless as to the endangerment of life by the damage
- The specific defences do not apply
90
Can damage by smoke be considered arson?
No
## Footnote
Only criminal damage
91
What is the term for a party who is unknowingly used in committing an offence?
Innocent agent
92
What are the 4 categories of accessorial liability?
- Aiding (assisting)
- Abetting (encouraging or inciting at the scene of the crime)
- Counselling (advising beforehand)
- Procuring (producing by endeavour)
93
The actus reus of an inchoate offence is when a defendant does not complete a crime but does what kind of action towards its commission?
More than merely preparatory
94
What is the mens rea for an inchoate offence?
Intention to complete the full offence
## Footnote
Usually higher requirement than the full offence e.g. intention to murder, whereas the mens rea for murder can be intention to commit GBH
95
Can a defendant be found guilty of an offence that is factually impossible?
## Footnote
e.g. attempting to steal a diamond from a jeweller but it is not there
Yes
96
Can a defendant be found guilty of an offence that is legally impossible?
## Footnote
e.g. attempting underage drinking but they are actually above the legal drinking age
No
97
What sentence does attempted murder carry?
Discretionary life sentence
98
A child under what age is incapable of committing a crime?
10
99
What are the 3 requirements for fitness to plead?
- Able to comprehend the course of proceedings
- Able to challenge a juror
- Able to comprehend the details of the evidence
100
What will the court base their decision on if the defendant is unable to plead?
Actus reus alone
101
If the court finds a defendant who is unable to plead has committed a crime, what are the available disposals?
- Discharge
- Supervision order (probation)
- Hospital order
102
What is the court obliged to order if a defendant who is unable to plead has committed murder?
Hospital order for an indefinite period
103
Which mantra is used to prevent involuntary intoxication from removing liability from a defendant with the relevant desires and predelictions?
Drunken intent is still intent
104
What is the effect of dangerous drugs on determining the mens rea?
Will not negate mens rea
105
What is meant by dangerous drugs?
Alcohol and illegal drugs
106
What type of intoxication is it when a defendant took prescription drugs?
Intoxication by a non-dangerous substance
107
What is the effect of non-dangerous drugs on determining the mens rea?
Can negate mens rea
## Footnote
Subject to the proviso of drunken intent is still intent
108
What are the following examples of:
s20 GBH, ABH, battery, assault, criminal damage, and arson, manslaughter
Basic intent offences
## Footnote
Can be committed by recklessness
109
What are the following examples of:
murder, s18 GBH, theft, robbery, and burglary
Specific intent offences
110
When is intoxication a defence to strict liability offences?
Never
111
What does the category of self-defence cover?
- Defence of self
- Defence of another
- Defence of property
- Prevention of a crime
- Effecting lawful arrest
112
What type of defence is self-defence?
Complete defence to any charge
## Footnote
If successful will result in acquittal
113
What belief is required for self-defence to be a valid defence?
## Footnote
Trigger
Subjective belief that force was immediately required
114
What amount of force allows self-defence to be a valid defence?
## Footnote
Response
Reasonable based on the facts the defendant believed at the time
115
Can self-defence be pre-emptive?
Yes
116
Which form of self-defence deems a higher level of force reasonable?
Householder Exception
117
What level of force is permitted under the Householder Exception?
Force that is not grossly or unreasonably disproportionate
118
Which charge is the defence of necessity not available for?
Murder
## Footnote
If faced with choice of killing or dying, one is legally obliged to die
119
When can duress be used as a defence?
If the defendant was subjected to threats of death or serious injury and committed an offence to avoid the threats being realised
## Footnote
Threats could also be against a close friend/relative. There must be no opportunity to take evasive action. Defendant cannot have voluntarily associated with maker of the threat if they had violent tendancies
120
Which charges is the defence of duress not available for?
Murder or attempted murder
121
Voluntary intoxication can negate mens rea for which type of offences?
Specific intent offences
122
Loss of control and diminished responsibility are both partial defences to murder, reducing the conviction to voluntary manslaughter. When are these defences not available?
Attempted murder
123
Which type of conduct cannot give rise to a charge of murder but can give rise to a charge of involuntary manslaughter?
Recklessness
