criminal law

Question 1

conduct crime

Answer 1

forbidden by state and for which there is a punishment

Question 2

two elements of an offence

Answer 2

actus reus and mens rea

Question 3

standard of proof

Answer 3

beyond reasonable doubt

Question 4

burden of proving guilt is on the prosecution

Answer 4

defendant presumed innocent until proven guilty

Question 5

actus reus

Answer 5

physical element of the crime

Question 6

omission

Answer 6

failure to act

Question 7

duties mean you have a duty to act

Answer 7

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

Question 8

levels of mens rea

Answer 8

direct intent
oblique intent
recklessness
negligence

Question 9

case for direct intent

Answer 9

mohan

Question 10

case for oblique intent

Answer 10

woolin

Question 11

case for recklessness

Answer 11

cunningham

Question 12

fault

Answer 12

level of blameworthiness

Question 13

absolute liability

Answer 13

no mens rea
dont need to show actus reus was voluntary

Question 14

case for absolute liability

Answer 14

R v Larsonneur-sent back to uk when wasnt allowed

Question 15

strict liability

Answer 15

no mens rea required

Question 16

case for strict liability

Answer 16

r v prince-didnt know age of the girl

Question 17

what are regulatory offences

Answer 17

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

Question 18

what are the non fatal offences

Answer 18

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

Question 19

what are summary offences?

Answer 19

assault and battery

Question 20

what is consequences for assault and battery?

Answer 20

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

Question 21

actus reus of assault

Answer 21

causing victim to apprehend unlawful and immediate force

Question 22

mens rea of assault

Answer 22

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

Question 23

actus reus of battery

Answer 23

unlawful application of force

Question 24

mens rea of battery

Answer 24

an intention or recklessness as to whether force is applied

Question 25

cases for assault

Answer 25

ireland lamb

Question 26

cases for battery

Answer 26

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

Question 27

structure

Answer 27

id offence ar apply mr apply conclude likely liability

Question 28

actus reus S.47 Abh

Answer 28

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

Question 29

mens rea of S.47 ABH

Answer 29

intention or recklessness as to assault or battery

Question 30

case for mens rea s47 abh

Answer 30

roberts-girl jump from car as feared battery

Question 31

case for actual bodily harm

Answer 31

chan fook

Question 32

main ways of avoiding precedent

Answer 32

distinguishing practice statement over-ruling

Question 33

actus reus s20 GBH

Answer 33

unlawful wound or gbh

Question 34

case for wound

Answer 34

JCC v Eisenhower

Question 35

case for gbh-really serious harm

Answer 35

DPP v Smith

Question 36

mens rea of s20 GBh

Answer 36

intention or recklessness cause some minor harm

Question 37

actus reus pf s18 GBH-life

Answer 37

wound or GBh

Question 38

gammon test

Answer 38

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

Question 39

case for stage 1 of gammon test

Answer 39

sweet v parsley

Question 40

regulatory crime

Answer 40

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

Question 41

arguements against strict liability

Answer 41

imposes liability on people who are not blameworthy carry a social stigma

Question 42

continuing act

Answer 42

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.

Question 43

case for continuing act

Answer 43

fagan

Question 44

indirect act

Answer 44

the defendant doesn't directly apply unlawful force

Question 45

case for indirect battery

Answer 45

DPP v K