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criminal law Flashcards

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1
Q

conduct crime

A

forbidden by state and for which there is a punishment

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2
Q

two elements of an offence

A

actus reus and mens rea

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3
Q

standard of proof

A

beyond reasonable doubt

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4
Q

burden of proving guilt is on the prosecution

A

defendant presumed innocent until proven guilty

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5
Q

actus reus

A

physical element of the crime

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6
Q

omission

A

failure to act

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7
Q

duties mean you have a duty to act

A

statutory
contractural
relationship-parent to child
voluntarily
official position
creation of a dangerous situation

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8
Q

levels of mens rea

A

direct intent
oblique intent
recklessness
negligence

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9
Q

case for direct intent

A

mohan

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10
Q

case for oblique intent

A

woolin

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11
Q

case for recklessness

A

cunningham

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12
Q

fault

A

level of blameworthiness

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13
Q

absolute liability

A

no mens rea
dont need to show actus reus was voluntary

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14
Q

case for absolute liability

A

R v Larsonneur-sent back to uk when wasnt allowed

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15
Q

strict liability

A

no mens rea required

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16
Q

case for strict liability

A

r v prince-didnt know age of the girl

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17
Q

what are regulatory offences

A

things that govern how we act and are here to protect people from harm

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18
Q

what are the non fatal offences

A

assault
battery
s.47 ABH
s.20 GBH
s.18 GBH

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19
Q

what are summary offences?

A

assault and battery

20
Q

what is consequences for assault and battery?

A

fines up to £5000
imprisoned for up to 6 months
12 months for multiple offences

21
Q

actus reus of assault

A

causing victim to apprehend unlawful and immediate force

22
Q

mens rea of assault

A

intention or recklessness as to causing the victim to apprehend unlawful and immediate force

23
Q

actus reus of battery

A

unlawful application of force

24
Q

mens rea of battery

A

an intention or recklessness as to whether force is applied

25
Q

cases for assault

A

ireland
lamb

26
Q

cases for battery

A

DPP v k-acid in hand dryer battery could be indirect

27
Q

structure

A

id offence
ar
apply
mr
apply
conclude likely liability

28
Q

actus reus S.47 Abh

A

assault-assault or battery
occasioning
actual bodily harm-chan fook-harm means injury and injury should not be so trivial to wholly insignificant

29
Q

mens rea of S.47 ABH

A

intention or recklessness as to assault or battery

30
Q

case for mens rea s47 abh

A

roberts-girl jump from car as feared battery

31
Q

case for actual bodily harm

A

chan fook

32
Q

main ways of avoiding precedent

A

distinguishing
practice statement
over-ruling

33
Q

actus reus s20 GBH

A

unlawful wound or gbh

34
Q

case for wound

A

JCC v Eisenhower

35
Q

case for gbh-really serious harm

A

DPP v Smith

36
Q

mens rea of s20 GBh

A

intention or recklessness cause some minor harm

37
Q

actus reus pf s18 GBH-life

A

wound or GBh

38
Q

gammon test

A

1.courts decide whether strict liability is to be applied or not

39
Q

case for stage 1 of gammon test

A

sweet v parsley

40
Q

regulatory crime

A

business or organisation breaches regulations related to activitites-callow v tillstone selling of meat in butchers

41
Q

arguements against strict liability

A

imposes liability on people who are not blameworthy

carry a social stigma

42
Q

continuing act

A

Where the actus reus can be satisfied by a continuing act it is sufficient that D has the mens rea at some point while that act is continuing.

43
Q

case for continuing act

A

fagan

44
Q

indirect act

A

the defendant doesn’t directly apply unlawful force

45
Q

case for indirect battery

A

DPP v K

law (12 decks)

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