Criminal Law

Question 1

What constitutes theft under criminal law?

Answer 1

Theft is the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it.

Question 2

When are the act and mental state required for theft considered to coincide?

Answer 2

When the defendant takes another’s property with the intent to deprive them of it dishonestly, as in the case of picking up an item with intent to steal.

Question 3

What is required for aggravated burglary?

Answer 3

Committing burglary while having with you any weapon, imitation firearm, or explosive at the time of entry.

Question 4

Does the defendant have to steal in order to commit burglary?

Answer 4

No, the defendant only needs the intent to steal, cause GBH, or commit criminal damage at the point of entry.

Question 5

What qualifies as grievous bodily harm (GBH)?

Answer 5

GBH is either wounding (breaking the skin) or serious bodily harm, which can include losing consciousness or psychiatric injury.

Question 6

What is the best defence in criminal law, and why?

Answer 6

Self-defence is the best defence as it is a complete defence and results in acquittal.

Question 7

Can a fit of rage be used as a defence to criminal damage?

Answer 7

No, a fit of rage is not a valid defence.

Question 8

What is a legal impossibility in criminal law?

Answer 8

It is where the completed offence would not be illegal even if the defendant believes it would be, such as mistakenly thinking they were committing a crime.

Question 9

Are attempt crimes specific intent crimes?

Answer 9

Yes, all attempt crimes are specific intent crimes, not strict liability crimes.

Question 10

Can entities other than the CPS prosecute crimes?

Answer 10

Yes, local authorities, government agencies, private citizens, organisations, and charities can prosecute crimes.

Question 11

Who owns rubbish once it has been thrown away?

Answer 11

It belongs to the original owner until collected, at which point it belongs to the rubbish collection company.

Question 12

Does a valid defence to criminal damage require a reasonably held belief?

Answer 12

No, the belief only needs to be honest, not reasonable.

Question 13

Does photographing an exam paper constitute theft?

Answer 13

No, because information does not amount to property, and the paper itself is not taken.

Question 14

Is it possible to consent to injury?

Answer 14

No, unless exceptions such as surgery, body modification, or sport apply.

Question 15

In robbery, must the theft victim and the victim of force be the same person?

Answer 15

No, they do not have to be the same person.

Question 16

What mental state is required for unlawful act manslaughter?

Answer 16

The mental state required is the same as for the base criminal offence.

Question 17

Is it illegal to sell to a minor under a strict liability statute, even if the defendant did not know the purchaser was a minor?

Answer 17

Yes, it is still illegal.

Question 18

What is required for burglary under s9(1)(a)?

Answer 18

Intention at the point of entry to commit theft, GBH, or criminal damage.

Question 19

What is required for burglary under s9(1)(b)?

Answer 19

Once inside as a trespasser, the defendant goes on to commit or attempt theft or GBH.

Question 20

Can voluntary intoxication negate mens rea?

Answer 20

Yes, but only for specific intent offences.

Question 21

are loss of control and diminished res. available partial defences to attempted murder?

Answer 21

No

Question 22

Can you commit a murder even without intent to kill or cause GBH?

Answer 22

Yes, when the defendant realises that death or grievous bodily harm is a virtual certainty of the defendant’s conduct, it’s considered implied intent - indirect intent

Question 23

What fraud by false misrep requires?

Answer 23

Making dishonestly a false representation intending to make a gain for himself/loss for another

Question 24

What is the test for recklesness?

Answer 24

Foreseeing a risk of serious harm and it is an unreasonable risk to take in the circumstances known to the defendant

Question 25

What is necessity?

Answer 25

Necessity can be relied upon where the defendant’s commission of the offence was the lesser of two evils. The three requirements for the defence of necessity: (1) the act was required to avoid some inevitable and irreparable evil; (2) the man only did what was reasonably necessary; and (3) the evil inflicted was not disproportionate to the evil avoided.

Question 26

What’s the difference between voluntary and involuntary manslaughter?

Answer 26

Voluntary manslaughter - partial defence to murder exists
Involuntary manslaughter - no mens rea required for murder, just actus reus

Question 27

What is criminal damage?

Answer 27

destroy or damage property (more than minimal) belonging to another, intending to do so or being reckless as to whether the property is damaged.

Question 28

What are Loss of control elements?

Answer 28

(1) his acts resulted from his loss of self-control, (2) the loss of self-control had a qualifying trigger (Fear of serious violence from the victim or things constituting circumstances that it caused the defendant to have a justifiable sense of being wronged), and (3) a person of the defendant’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant, might have reacted in the same or in a similar way to him

Question 29

Burglary by trespass with intent elements?

Answer 29

knowingly or recklessly enter a building or part of a building as a trespasser with the intent to steal, inflict grievous bodily harm, or cause criminal damage.

Question 30

Burglary by offence elements?

Answer 30

When after having entered the building as a trespasser, they commit or attempt to commit theft or inflict or attempt to inflict grievous bodily harm.

Question 31

What are the elements of unlawful act manslaughter?

Answer 31

1. Unlawful
2. Dnagerous
3. Intentional

Question 32

What is the test for recklessness?

Answer 32

Whether the defendant foresaw the risk of the harm occurring and, in the circumstances known to the defendant, it was an unreasonable risk to take.

Question 32

Is indirect intention available to basic intent offences?

Answer 32

No, just to specific intent offences

Question 33

What differs arson from aggrevated arson?

Answer 33

The intent/recklesness re endagering life.