Criminal Law

Question 1

Where do all criminal offences start?

Answer 1

Regardless of it’s a driving offence or murder, all offences start with the magistrates court

Question 2

Who can bring prosecution in a criminal setting?

Answer 2

Crown Prosecution Service
Local Authorities
Certain Government Agencies

Question 3

Burden of proof for defendants raising a defence?

Answer 3

It has to be on the balance of probabilities, the prosecution have the legal burden of proof of disproving the defence.

Question 4

Definition of strict liability offences

Answer 4

Offences which only require the actus reus to be complete are strict liability. Example such as driving without insurance and driving under the influence

Question 5

Three areas of Actus Reus

Answer 5

Conduct - Physical acts or omissions by the defendant making them liable
Circumstances - Facts that must exist for the defendant to be liable
Result - Outcome that must occur for the offence to be committed

Question 6

Types of Causation

Answer 6

Factual causation - ‘But for’ test, Courts will ask but for the defendant’s actions would the result have occurred
Legal causation - Prevents factual causation from being too broad, by assessing if there would be lack of foreseeability of the defendant’s conduct

Question 7

How does a defendant’s action effect the chain of causation

Answer 7

They must be more than ‘trifling’ and must be operative

Question 8

Types of intent that form the mens rea of a crime

Answer 8

Direct - To have the aim or purpose of committing the crime. Satisfied if the act,circumstance, or outcome specified is their aim or purpose

Indirect - Cannot prove the defendant had intention. However, if the consequence of their conduct was virtually certain and is realized by this by the defendant then indirect intent can arise

Question 9

When will indirect intention never apply?

Answer 9

If the offence is one of basic intent

Question 10

Difference between Basic & Specific intent crimes?

Answer 10

Basic intent offences can be committed with either intention or recklessness

Specific Intent offences can only be committed with intention ONLY

Question 11

Two tests to satisfy Recklessness

Answer 11

Defendant foresees the risk from the act and continues regardless

In all circumstances known to the defendant, it must be an unreasonable risk to take

Question 12

Types of Recklessness crimes (basic intent)

Answer 12

Assault
Battery
GBH s.20
Criminal damage

Question 13

Types of indirect intention crimes (Specific intent)

Answer 13

Attempt
Encouragement and Assistance
Murder
GBH S.18
Theft
Robbery
Burglary
Fraud by false representation

Question 14

Requirements of Murder

Answer 14

Cause
The death of another human being
Unlawfully
With the intention to kill or cause grievous bodily harm

Question 15

Requirements for voluntary Manslaughter

Answer 15

Actus Reus and Mens Rea for Murder must be made out but a partial defence may reduce the offence

Question 16

Defences for voluntary manslaughter

Answer 16

Diminished responsibility - Demonstrate abnormality of mental function, must have arisen from a recognized medical condition, must have substantially impaired the defendant’s ability to form rational judgement, exercise self-control, understand the nature of their conduct.

Loss of control - Killing resulted from loss of self-control, caused by a qualifying trigger (fear of serious violence, constituted circumstances of an extremely grave character and to have a justifiable sense of being seriously wronged), hypothetical person same age and sex might have reacted the same way.

Question 17

Requirements for involuntary manslaughter

Answer 17

If the mens rea is not made out for murder i.e the defendant does not intend to cause death or serious harm.

Question 18

Types of involuntary manslaughter

Answer 18

Unlawful act manslaughter
Gross Negligence manslaughter

Question 19

what is Unlawful Act manslaughter

Answer 19

Defendant commits an offence that carries an objective risk to the victim and dies as a result. The act must be:

Intentional
Unlawful
Dangerous and;
Cause of death

Question 20

What is Gross Negligence manslaughter

Answer 20

Where a defendant does not commit an offence or knowingly takes a risk. Rather the act is extremely negligent it makes them criminally culpable. Elements are:

Owes a duty of care to victim
Defendant breached duty of care
breach caused death
There was serious and obvious risk of death and;
Breach amounted to gross negligence

Question 21

What is Common Assault?

Answer 21

Occurs when the defendant intentionally or recklessly causes another to apprehend immediate unlawful personal violence. Words alone can constitute assault if they create a belief in imminent violence.

Actus Reus: The victim must believe they will imminently face unlawful force, but fear is not necessary.

Mens rea: Intend the victim to apprehend the application of unlawful violence

Question 22

What is Battery?

Answer 22

Occurs when the defendant intentionally or recklessly applies unlawful physical force to another.

Actus Reus: requires contact with the victim’s body, which can be direct, indirect, delayed, or by omission.

Mens Rea: Must foresee the risk that their actions could cause them to apply unlawful force to the victim

Question 23

What is Assault Occasioning Actual Bodily Harm (ABH)?

Answer 23

Actus Reus: Requires assault or battery that causes actual bodily harm. The harm must interfere with the victim’s health or comfort, being more than trivial.

Mens Rea: The mental state required is the same as for common assault; intention or recklessness to cause unlawful violence is sufficient.

Injuries include bruises, scratches, temporary loss of consciousness, or psychiatric harm beyond fear or anxiety.

Question 24

What is Grievous Bodily Harm (GBH) Section 20?

Answer 24

Actus Reus: Causing either a wound (breaking both skin layers) or serious harm.

Mens Rea: Intention or recklessness regarding some harm; foreseeability of severity of harm is not required.

Question 25

What is Grievous Bodily Harm (GBH) Section 18?

Answer 25

Section 18 requires specific intent to cause serious harm or resist lawful apprehension.

Actus Reus: Same as Section 20 (causing a wound or serious harm).

Mens Rea: Requires intention to cause serious harm or to resist lawful apprehension. Recklessness is insufficient.

Question 26

What are examples of consent to Assault and Battery

Answer 26

Valid Consent: Must be expressed/implied, given freely with sufficient capacity and knowledge.

Everyday interactions: Handshakes, accidental brushes in crowded areas.

Question 27

What are examples of consent to ABH & GBH?

Answer 27

Legally recognized exceptions include:

Surgery
Body modification (tattoos, piercings)
Religious practices (e.g., circumcision)
Sports-related contact and injuries within acceptable boundaries.

Question 28

Sexual Gratification and Consent

Answer 28

Consent is valid if the individual is informed (e.g., consenting to risks of sexual infection when fully disclosed).

Intentional transmission of disease without informing the other party is a crime.
Sadomasochistic practices involving severe violence may be prosecutable due to public interest in limiting harm.

Question 29

Horseplay

Answer 29

Injuries sustained in playful roughhousing may be defended under implied consent.

Question 30

What is Theft (Section 1 of the Theft Act 1968)?

Answer 30

Dishonest appropriation.
Of property.
Belonging to another.
With the intention of permanently depriving them.

Actus Reus: Appropriation, property belonging to another.

Mens Rea: Dishonesty and intention to permanently deprive.

Question 31

How is dishonesty tested in Theft?

Answer 31

Based on the objective standards of reasonable and honest people.

Exceptions: The defendant believes they:
Have the owner’s consent.
Are entitled to the property.
Cannot locate the owner despite reasonable steps.

Question 32

What is Robbery (Section 8 of the Theft Act 1968)?

.

Answer 32

Theft accompanied by the use or threat of force immediately before or during the theft to facilitate it.

Actus Reus: Includes theft and force or the threat thereof.

Mens Rea: Same as theft, plus intention to use force for stealing.

Question 33

What is Burglary (Section 9 of the Theft Act 1968)?

Answer 33

Section 9(1)(a): Entry as a trespasser with intent to steal, inflict grievous bodily harm (GBH), or commit criminal damage.
Section 9(1)(b): Entry as a trespasser, then committing or attempting theft or GBH.

Actus Reus: Trespassory entry into a building or part of it.

Mens Rea: Knowledge of trespassing and intent to commit the underlying offense.

Question 34

Definitions of Entry and Trespass

Answer 34

Entry: Any part of the body entering a structure with some permanence.

Trespass: Entry without consent or exceeding given permissions.

Question 35

What is Aggravated Burglary (Section 10 of the Theft Act 1968)?

Answer 35

Burglary while in possession of:
Firearm (real or imitation).
Weapon of offense.
Explosive.

Timing: Possession must coincide with burglary or underlying offense

Question 36

Force and Timing in Robbery

Answer 36

Force: Can be physical or the threat thereof (e.g., displaying a fake weapon).

Timing: Must occur immediately before or during theft to facilitate it.

Question 37

What is fraud by false representation?

Answer 37

To make a gain for themselves or another;
Or to cause risk or loss to another

Actus Reus: A representation as to fact, law, or state of mind

Mens Rea: Defendant must know the representation is or might be false or misleading, act dishonestly and; intend to make a gain for themselves or another or cause risk or lose to another

Question 38

What is fraud by failing disclose information?

Answer 38

Actus Reus: A legal duty will arise if a defendant has a contractual duty to disclose

Mens Rea: This is the same as fraud by false representation

Question 39

What is fraud by abuse position?

Answer 39

Defendant commits fraud by abuse of their position in which they are expected to safeguard the financial interest of others.

Actus Reus: Must have been in a position that warrants their duty to safeguard the other’s interests by being in a position or expressing loyalty.

Mens Rea: Must have intended to use their position to make a gain or cause a risk a loss.

Question 40

What is criminal damage?

Answer 40

A defendant commits criminal damage if they, without lawful excuse, destroy or damage property belonging another intending to do so or recklessly as to whether the property is destroyed or damaged

Actus Reus: Damage will impair its usefulness, of the item or will involve effect or expense to repair. Can include co-owned property

Mens Rea: Must intended to damage or destroy the property or be reckless as to whether the item will be damaged

Question 41

Defences to criminal damage

Answer 41

That the owner would have consented to the damage; or
That the property is in immediate need of protection and that means the protection adopted are reasonable in the circumstances

Question 42

What is aggravated criminal damage?

Answer 42

This offence mirrors the basic offence but for three key differences:

The property damaged can belong to the defendant or someone else.
Additional mens rea requirement that the defendant must intend or be reckless with the endangerment of life by the damage caused by the property.
Specific defences do not apply.

Question 43

What is Arson?

Answer 43

Arson is criminal damage by fire, aggravated arson is aggravated criminal damage by fire. Damage MUST be by the fire, it will not be enough if done by smoke.

Question 44

What is a co-principal offender?

Answer 44

Two defendants act together for a common purpose in committing the act, they are both principal offenders.

Question 45

Types of accessorial liability?

Answer 45

Aid - Assisting or helping
Abet - Encouraging or inciting an offence at the scene of the crime
Counsel - Advising or soliciting a crime, usually beforehand and not at the scene of the crime
Procure - Producing by endeavor

Question 46

Inchoate Offences

Answer 46

Actus Reus: Defendant is guilty of committing an offence they do not complete but do something more than merely preparatory

Mens Rea: Required for an attempted offence is nearly always attention to complete the full offence

Even if someone attempts to commit an offence that is physically impossible, they can still be guilty of the offence.

If someone completed all the acts for an offence but the offence results in no crime. They will not be guilty.

Question 47

What is the requirement of Criminal Capacity?

Answer 47

Capacity excuses a person from liability as they cannot commit the offense.

Lack of Capacity:
Childhood: Under age 10, children cannot be criminally liable.
Unfitness to Plead: A person lacking sufficient intellect to comprehend legal proceedings.

Question 48

What requirements must be shown for Unfitness to Plead?

Answer 48

Comprehend proceedings.
Make a defense.
Challenge jurors and understand evidence

Question 49

What is Involuntary Intoxication?

Answer 49

Intoxication without the defendant’s fault (e.g., drink spiking).

Impact: May negate mens rea if intoxication impaired intent formation. However, a defendant can still form mens rea IF intent was formed by their own desires and predilections

Question 50

What is Voluntary Intoxication

Answer 50

Impact is Based on Intent Types:

Basic Intent: Intoxication can fulfill recklessness (e.g., GBH under s20).

Specific Intent: Voluntary intoxication may negate intent for specific intent crimes (e.g., GBH with intent under s18).

Strict Liability Offenses: Intoxication is never a defense.

Question 51

Self-Defence Defence

Answer 51

Honest belief that force was necessary.
Reasonable (proportionate) use of force.

Scope: Defense extends to oneself, others, property, and crime prevention.

Householder Exception: Force can be disproportionate but not grossly unreasonable if defending a home

Question 52

Necessity defence

Answer 52

Defendants act was the lesser of two evils defense.

Requirements:
Act avoids inevitable, irreparable evil.
Defendants only did what was reasonably necessary.
Evil inflicted was not disproportionate to evil avoided.

Limitation: Not available for murder.

Question 53

Duress defence

Answer 53

Defense for crimes committed under threat of death or serious injury.

Restrictions:
Not available for murder or attempted murder.
Threat must be immediate and unavoidable.
Threat must be of death or serious injury
Must be against defendant, their close relative or friend, someone whom the defendant responsibly feels responsible for

Cannot rely on defense if threats came from voluntary association with known criminals.

Question 54

Distinction Between Basic and Specific Intent Crimes?

Answer 54

Specific Intent Crimes: Require intentional desire to bring about a specific result (e.g., murder, GBH with intent).

Basic Intent Crimes: Satisfied by recklessness or intent (e.g., assault, ABH).
Impact of Intoxication:

Basic intent crimes can be committed under voluntary intoxication.

Specific intent crimes may lack mens rea if intoxication prevents forming intent.