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SQE 1 > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Duty to Act arises if

A
  1. Statute
  2. Special Relationship
  3. Voluntary Assumption of Risk
  4. Contract
  5. Defendant created dangerous situation and aware of it
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2
Q

Factual Causation

A

But for Test

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3
Q

Legal Causation

A

Conduct must be substantial and operative cause of the outcome

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4
Q

Considerations that won’t break the chain of causation

A
  1. Pre-existing condition
  2. Victim’s religious belief
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5
Q

Test for Indirect Intention

A
  1. Outcome must be virtually certain consequence
  2. Defendant must realise outcome is virtually certain
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6
Q

Recklessness

A
  1. Defendant foresees risk
  2. Under circumstances known to defendant, risk is unreasonable to take
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7
Q

Murder

A
  1. Causing
  2. Death of Human Being
  3. Unlawful
  4. With intention to kill or cause GBH
  5. Mandatory Life Sentence
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8
Q

Voluntary Manslaughter

A
  1. Murder but Defences
  2. Diminished Responsibility
  3. Loss of Control
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9
Q

Unlawful Act Manslaughter

A
  1. Intentional
  2. Unlawful
  3. Dangerous
  4. Factual and Legal Causation
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10
Q

Gross Negligence Manslaughter

A
  1. Duty of Care
  2. DoC breached
  3. Factual and Legal Causation
  4. Serious Risk of Death
  5. Breach must amount to gross negligence
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11
Q

Assault

A
  1. Intention or Recklessness
  2. Apprehension
  3. Unlawful
  4. Immediate
  5. Personal Violence
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12
Q

Battery

A
  1. Intention or Recklessness
  2. Unlawful force
  3. Can be committed indirectly or by omission
  4. Defence : Consent
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13
Q

S47 OAPA ABH

A
  1. Assault or Battery
  2. Causation - Legal and Factual
  3. Injury Sustained
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14
Q

GBH

A
  1. Cause a wound (both layers of skin broken
  2. Requires serious harm
  3. S20 - Intention or Recklessness Regarding Some Harm
  4. S18 - Intention to cause serious harm or resist arrest
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15
Q

GBH Consent

A
  1. Surgery
  2. Body Modification
  3. Religious Practice
  4. Sporting Activities
  5. Horseplay
  6. Sexual Gratification
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16
Q

S.1 Theft Act 1968

A
  1. Appropriation of
  2. Property belonging to another
  3. Dishonesty or
  4. Intention to permanently deprive
17
Q

Robbery

A
  1. Theft + Use force or put victim in fear of force
18
Q

Burglary

A
  1. Entry
  2. Building or Part of Building
  3. Act as Trespasser
  4. Knowingly or Recklessly
19
Q

Burglary 9(1)(a)

A

Intention to commit Theft, GBH, Criminal Damage

20
Q

Burglary 9(1)(b)

A

After entering defendant commits theft or GBH

21
Q

Aggravated Burglary

A

Defendant possesses firearm. weapon of offence or explosive

22
Q

Fraud by False Representation

A
  1. Misleading Statement
  2. Representation by machine or agent
  3. Dishonesty
  4. Gain or Loss
23
Q

Fraud by Failure to Disclose

A
  1. Omission
  2. Legal Duty to Disclose/Failure to Disclose
  3. Dishonesty
  4. Intention to make gain or loss
24
Q

Fraud by Abuse of Position

A
  1. Occupies safeguarding position
  2. Position is abused
  3. Dishonesty
  4. Intention to make gain or loss
24
Q

Defences to Criminal Damage

A
  1. Honest belief owner would consent
  2. Honest belief property needs protection
25
Q

Criminal Damage

A
  1. Damage
  2. Property
  3. Property must belong to another
  4. Intention or Recklessness
26
Q

Aggravated Criminal Damage

A
  1. Criminal Damage plus
  2. Intention or Recklessness
  3. Endangerment to life
  4. By damage to property
27
Q

Arson

A

Criminal Damage by Fire
Damage caused by smoke does not count

28
Q

Unfit to Plead

A
  1. Sufficient Intellect
  2. Comprehend Court Proceedings
  3. Challenge Jurors
  4. Comprehend Evidence
29
Q

Accessorial Liability

A
  1. Aid
  2. Abet
  3. Counsel
  4. Procure
30
Q

Factual Impossibility

A

Liability not avoided

31
Q

Legal Impossibility

A

Does avoid liability

32
Q

Specific Intent Offences

A

May be able to rely on intoxication

33
Q

Self-Defence: Householder Exception

A

Greater force can be used, but cannot be grossly disproportionate

SQE 1 (15 decks)

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