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SQE1 > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

In which court do all criminal offences start?

A

Magistrates’ Court

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2
Q

In all criminal cases, who has the burden of proving a crime has been committed?

A

The prosecution

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3
Q

If a defendant raises certain defences they have some burden of proof. To which standard?

A

On the balance of probabilities

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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

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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

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6
Q

To what standard of proof must the prosecution prove a defendant has committed a crime?

A

Beyond a resonable doubt

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7
Q

What is the term for offences that do not have a mens rea requirement?

A

Strict liability offences

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8
Q

What is the criminal equation?

A

Actus reus + mens rea - defence = guilty

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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
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10
Q

What must exist for an omission to be a criminal act?

A

A duty to act

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11
Q

What type of crimes require a certain outcome for an offence to be committed?

A

Result crimes

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12
Q

What is the test for factual causation?

A

But for test

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13
Q

What is the effect of lack of foreseeability on causation?

A

Breaks the chain of causation

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14
Q

What is being described?
The conduct must be both the substantial and the operative cause of the outcome

A

Legal causation

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15
Q

When is a defendant’s action ‘substantial’?

A

When their role is more than minimal, slight, or ‘trifling’

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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

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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)

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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

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19
Q

When can medical treatment break the chain of caustaion?

A

If it is so bad and so independent of original injury

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20
Q

Will a victim’s pre-existing condition or religious beliefs will break the chain of causation?

A

No

Thin skull principle applies

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21
Q

What are the 2 types of mens rea intention?

A

Direct and indirect (oblique) intention

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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

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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

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24
Q

What type of crime is attempt?

A

A specific intent crime

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25
Q

What is the term for offences which can be committed either intentionally or recklessly?

A

Basic intent offences

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26
Q

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

A

Specific intent offences

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27
Q

If a defendant intends to commit an offence against A but inadvertently commits it against B, what happens to the intent?

A

It is transferred to the new victim B

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28
Q

When is transferred malice applicable?

As regards the offence

A

When the offence intended is the same as the one committed

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29
Q

What are the 2 requirements for recklessness?

A
  • Defendant forsees risk and continues regardless (objective)
  • Unreasonable risk to take (subjective)
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30
Q

What are the following crimes examples of:
assault, battery, s20 GBH, and criminal damage

A

Recklessness crimes

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31
Q

What are the 2 requirements (questions) for negligence?

A
  • Did the defendant owe a duty of care?
  • Did the defendant breach the expected standard of care?
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32
Q

What type of defences are not available for strict liability offences?
Why?

A

Defences that negate state of mind
Mens rea not required for defendant to be found guilty

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33
Q

What must the prosecution find to use the identification doctrine in corporate liability?

A

A controlling mind

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34
Q

What is the definition of murder?

A

Causing the death of another human being unlawfully with the intention to kill or cause grievous bodily harm

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35
Q

What sentence does murder carry?

A

Mandatory sentence of life imprisonment

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36
Q

Is a foetus a human being for purposes of murder?

A

No

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37
Q

At what point does death occur for purposes of murder?

A

When the victim is medically brain dead

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38
Q

What is voluntary manslaughter?

A

When the actus reus and mens rea of murder are satisfied but there are partial defences

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39
Q

What are the 2 most common defences that can reduce murder to voluntary manslaughter?

A
  • Loss of control
  • Diminished responsibility
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40
Q

What are the 3 requirements to assert diminished responsibility?

A
  • 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
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41
Q

Who has the burden to prove diminished responsibility and to which standard?

A

Defendant
On the balance of probabilities

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42
Q

What are the 3 requirements to assert loss of control?

A
  • 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
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43
Q

What are the 2 qualifying triggers which can be used to assert loss of control?

A
  • 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
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44
Q

Which 2 grounds are specifically excluded from qualifying as a trigger for loss of control?

A
  • Sexual infidelity
  • Revenge
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45
Q

What are the 2 relevant examples of involuntary manslaughter?

A
  • Unlawful act manslaughter
  • Gross negligence manslaughter
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46
Q

When may a defendant be able to assert involuntary manslaughter?

A

When the mens rea of murder is not made out

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47
Q

What is the definition of unlawful act manslaughter?

A

The defendant commits a criminal offence that carries an objective risk to the victim and they die as a result

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48
Q

What are the 4 requirements of the act under unlawful act manslaughter?

A
  • Intentional
  • Unlawful
  • Dangerous
  • The cause of death
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49
Q

What are the 5 elements of gross negligence manslaughter?

A
  • 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
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50
Q

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

A

Gross negligence manslaughter

51
Q

What category do assault and battery fall within?

A

Common assualt

52
Q

When does assult occur?

A

When a defendant intentionally or recklessly causes another person to apprehend immediate unlawful personal violence

53
Q

When can words negate an assault?

A

If it stops the victim from believing they will be immediately assaulted

If the threat is conditional but might happen, it is sufficient for assault

54
Q

What is the mens rea for assault?

A

Intention or recklessness regarding causing the apprehension of immediate unlawful violence

55
Q

When does battery occur?

A

When the defendant intentionally or recklessly applies unlawful personal violence on another person

56
Q

Which act and section governs ABH?

A

Offences Against the Person Act 1861 Section 47

57
Q

What level of injury qualifies ABH?

A

More than merely trifling

58
Q

What is the mens rea of ABH the same as?

A

The mens rea for assault and battery

Intention or recklessness as to whether a victim will apprehend the infliction of immediate unlawful violence or the application of unlawful force

59
Q

What is a wound for purposes of GBH s20?

A

Any injury where both layers of the skin are broken

60
Q

What is the mens rea of GBH s20?

A

Intention or recklessness regarding causing some harm

61
Q

What is the mens rea of GBH s18?

A
  • Intention to cause serious harm; or
  • Foresee risk of some harm and intend to resist lawful apprehension
62
Q

What are the 6 main legally recognised categories of consent to ABH and GBH?

A
  • Surgery
  • Body modification
  • Religious practices
  • Sports
  • Horseplay
  • Sexual gratification
63
Q

What is the definition of theft?

A

Dishonest appropriation of property belonging to another with the intention of permanently depriving them of it

64
Q

What is appropriation?

A

Any assumption of the rights of the owner

65
Q

What is the standard of dishonesty for theft?

A

By the objective standards of reasonable and honest people

66
Q

What 3 beliefs if held by the defendant deem them not to be dishonest?

A
  • Entitlement
  • They would have the owner’s consent
  • The owner could not be discovered by taking reasonable steps
67
Q

When does a defendant commit robbery under Theft Act 1968 s8?

A

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
Q

Is robbery possible without theft?

A

No

69
Q

What are the 3 ways the force element of robbery can be satisfied?

A
  • Infliction of force
  • Causing an apprehension of force
  • Seeking to cause an apprehension of force
70
Q

To qualify as robbery, when must force be used in relation to the offence?
What must the force be used for?

A

Before or at the time of the offence
To steal

71
Q

What are the 2 types of burglary offences under the Theft Act 1968?

A

s9(1)(a)
s9(1)(b)

72
Q

What is the actus reus of burglary under Theft Act 1968 s9?

A

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
Q

At which time is the crime of burglary under s9(1)(a) committed?

A

At the time of entry

74
Q

What is burglary under s9(1)(a) simply?

A

Burglary by trespass with intent

75
Q

When does burglary fall under s9(1)(a)?

Defendant’s intent

A

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
Q

What is burglary under s9(1)(b) simply?

A

Burglary by offence following trespassory entry

77
Q

When does burglary fall under s9(1)(b)?

A

Following trespassory entry, defendant committed or attempted to commit theft or GBH

78
Q

Which offence is an underlying offence under s9(1)(a) but not s9(1)(b)?

A

Criminal damage

79
Q

At which time is the crime of burglary under s9(1)(b) committed?

A

At the time of the underlying offence

Because intent of burglary on entry not required, intent can arise later

80
Q

When does burglary become aggravated burglary?

A

When the defendant has a firearm or imitation, a weapon of offence, or any explosive

81
Q

What intention is required for all types of fraud to be committed?

A

To make gain for themselves or another, or cause or risk loss to another

82
Q

What is the mens rea for fraud by false representation?

A

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

Gain need not be realised

83
Q

Who decides whether fraud by abuse of position has taken place?

A

Jury

84
Q

Is damage to intangible property like copyrights and bank accounts a criminal damage offence?

A

No

85
Q

What type of plants are specifically excluded from criminal damage offences?

A

Wild plants and fungi

86
Q

When can a person commit criminal damage against property they own?

A

If another co-owns it

87
Q

What is the mens rea for criminal damage offences?

A
  • 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
Q

What are the 2 specific defences to criminal damage offences?
Belief that…

A
  • 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
Q

What are the 3 key differences for aggravated criminal damage?

A
  • 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
Q

Can damage by smoke be considered arson?

A

No

Only criminal damage

91
Q

What is the term for a party who is unknowingly used in committing an offence?

A

Innocent agent

92
Q

What are the 4 categories of accessorial liability?

A
  • Aiding (assisting)
  • Abetting (encouraging or inciting at the scene of the crime)
  • Counselling (advising beforehand)
  • Procuring (producing by endeavour)
93
Q

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?

A

More than merely preparatory

94
Q

What is the mens rea for an inchoate offence?

A

Intention to complete the full offence

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
Q

Can a defendant be found guilty of an offence that is factually impossible?

e.g. attempting to steal a diamond from a jeweller but it is not there

A

Yes

96
Q

Can a defendant be found guilty of an offence that is legally impossible?

e.g. attempting underage drinking but they are actually above the legal drinking age

A

No

97
Q

What sentence does attempted murder carry?

A

Discretionary life sentence

98
Q

A child under what age is incapable of committing a crime?

A

10

99
Q

What are the 3 requirements for fitness to plead?

A
  • Able to comprehend the course of proceedings
  • Able to challenge a juror
  • Able to comprehend the details of the evidence
100
Q

What will the court base their decision on if the defendant is unable to plead?

A

Actus reus alone

101
Q

If the court finds a defendant who is unable to plead has committed a crime, what are the available disposals?

A
  • Discharge
  • Supervision order (probation)
  • Hospital order
102
Q

What is the court obliged to order if a defendant who is unable to plead has committed murder?

A

Hospital order for an indefinite period

103
Q

Which mantra is used to prevent involuntary intoxication from removing liability from a defendant with the relevant desires and predelictions?

A

Drunken intent is still intent

104
Q

What is the effect of dangerous drugs on determining the mens rea?

A

Will not negate mens rea

105
Q

What is meant by dangerous drugs?

A

Alcohol and illegal drugs

106
Q

What type of intoxication is it when a defendant took prescription drugs?

A

Intoxication by a non-dangerous substance

107
Q

What is the effect of non-dangerous drugs on determining the mens rea?

A

Can negate mens rea

Subject to the proviso of drunken intent is still intent

108
Q

What are the following examples of:
s20 GBH, ABH, battery, assault, criminal damage, and arson, manslaughter

A

Basic intent offences

Can be committed by recklessness

109
Q

What are the following examples of:
murder, s18 GBH, theft, robbery, and burglary

A

Specific intent offences

110
Q

When is intoxication a defence to strict liability offences?

A

Never

111
Q

What does the category of self-defence cover?

A
  • Defence of self
  • Defence of another
  • Defence of property
  • Prevention of a crime
  • Effecting lawful arrest
112
Q

What type of defence is self-defence?

A

Complete defence to any charge

If successful will result in acquittal

113
Q

What belief is required for self-defence to be a valid defence?

Trigger

A

Subjective belief that force was immediately required

114
Q

What amount of force allows self-defence to be a valid defence?

Response

A

Reasonable based on the facts the defendant believed at the time

115
Q

Can self-defence be pre-emptive?

A

Yes

116
Q

Which form of self-defence deems a higher level of force reasonable?

A

Householder Exception

117
Q

What level of force is permitted under the Householder Exception?

A

Force that is not grossly or unreasonably disproportionate

118
Q

Which charge is the defence of necessity not available for?

A

Murder

If faced with choice of killing or dying, one is legally obliged to die

119
Q

When can duress be used as a defence?

A

If the defendant was subjected to threats of death or serious injury and committed an offence to avoid the threats being realised

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
Q

Which charges is the defence of duress not available for?

A

Murder or attempted murder

121
Q

Voluntary intoxication can negate mens rea for which type of offences?

A

Specific intent offences

122
Q

Loss of control and diminished responsibility are both partial defences to murder, reducing the conviction to voluntary manslaughter. When are these defences not available?

A

Attempted murder

123
Q

Which type of conduct cannot give rise to a charge of murder but can give rise to a charge of involuntary manslaughter?

A

Recklessness

SQE1 (15 decks)

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