Criminal Law Flashcards
What constitutes theft under criminal law?
Theft is the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it.
When are the act and mental state required for theft considered to coincide?
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.
What is required for aggravated burglary?
Committing burglary while having with you any weapon, imitation firearm, or explosive at the time of entry.
Does the defendant have to steal in order to commit burglary?
No, the defendant only needs the intent to steal, cause GBH, or commit criminal damage at the point of entry.
What qualifies as grievous bodily harm (GBH)?
GBH is either wounding (breaking the skin) or serious bodily harm, which can include losing consciousness or psychiatric injury.
What is the best defence in criminal law, and why?
Self-defence is the best defence as it is a complete defence and results in acquittal.
Can a fit of rage be used as a defence to criminal damage?
No, a fit of rage is not a valid defence.
What is a legal impossibility in criminal law?
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.
Are attempt crimes specific intent crimes?
Yes, all attempt crimes are specific intent crimes, not strict liability crimes.
Can entities other than the CPS prosecute crimes?
Yes, local authorities, government agencies, private citizens, organisations, and charities can prosecute crimes.
Who owns rubbish once it has been thrown away?
It belongs to the original owner until collected, at which point it belongs to the rubbish collection company.
Does a valid defence to criminal damage require a reasonably held belief?
No, the belief only needs to be honest, not reasonable.
Does photographing an exam paper constitute theft?
No, because information does not amount to property, and the paper itself is not taken.
Is it possible to consent to injury?
No, unless exceptions such as surgery, body modification, or sport apply.
In robbery, must the theft victim and the victim of force be the same person?
No, they do not have to be the same person.
What mental state is required for unlawful act manslaughter?
The mental state required is the same as for the base criminal offence.
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?
Yes, it is still illegal.
What is required for burglary under s9(1)(a)?
Intention at the point of entry to commit theft, GBH, or criminal damage.
What is required for burglary under s9(1)(b)?
Once inside as a trespasser, the defendant goes on to commit or attempt theft or GBH.
Can voluntary intoxication negate mens rea?
Yes, but only for specific intent offences.
are loss of control and diminished res. available partial defences to attempted murder?
No
Can you commit a murder even without intent to kill or cause GBH?
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
What fraud by false misrep requires?
Making dishonestly a false representation intending to make a gain for himself/loss for another
What is the test for recklesness?
Foreseeing a risk of serious harm and it is an unreasonable risk to take in the circumstances known to the defendant
