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SQE1 (FLK2) > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Burden of Proof: Prosecution (2)

A
  1. Must prove each and every element of the crime beyond reasonable doubt
  2. Legal burden to Disprove
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2
Q

Burden of Proof: Defendant (1)

A
  1. Balance of Probabilities
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3
Q

Duty to Act arises if (5)

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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4
Q

Factual Causation (2)

A
  1. But for Test
  2. Acceleration of Result is Sufficient
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5
Q

Legal Causation

A

Conduct must be substantial (more than minimal) and operative (no break in chain) cause of the outcome

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6
Q

Considerations that won’t break the chain of causation (2)

A
  1. Pre-existing condition
  2. Victim’s religious belief
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7
Q

Considerations that will break the chain of causation (2)

A
  1. Victim’s behaviour is so daft that it is unforeseeable
  2. Third Party if Act is Free, Deliberate and Informed
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8
Q

Test for Indirect Intention (3)

A
  1. Outcome must be virtually certain consequence
  2. Defendant must realise outcome is virtually certain
  3. Applies to specific intent offences
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9
Q

Recklessness (3)

A
  1. Defendant foresees risk
  2. Under circumstances known to defendant, risk is unreasonable to take
  3. Applies to Assault, Battery, Wounding or Causing s.20 GBH, Criminal Damage
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10
Q

Negligence (2)

A
  1. Did the defendant owe a duty of care
  2. Did the defendant breach the standard of care expected
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11
Q

Corporate Liability

A
  1. Identification Doctrine - Find a controlling mind
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12
Q

Murder (5)

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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13
Q

Voluntary Manslaughter (3)

A
  1. Murder but Defences
  2. Diminished Responsibility
  3. Loss of Control
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14
Q

Diminished Responsibility (4)

A
  1. Abnormality of mental functioning
  2. Recognised medical condition
  3. Substantial impairs defendant’s ability
  4. Abnormality explains the killing
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15
Q

Loss of Control (3)

A
  1. Must lose control
  2. Caused by Qualifying Trigger
  3. Prosecution must disprove loss of control beyond reasonable doubt
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16
Q

Unlawful Act/Involuntary Manslaughter (4)

A
  1. Intentional
  2. Unlawful
  3. Dangerous
  4. Factual and Legal Causation
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17
Q

Gross Negligence Manslaughter (5)

A
  1. Duty of Care
  2. DoC breached - Omission/failing to act is sufficient
  3. Factual and Legal Causation
  4. Serious Risk of Death
  5. Breach must amount to gross negligence
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18
Q

Assault (5)

A
  1. Intention or Recklessness
  2. Apprehension
  3. Unlawful
  4. Immediate
  5. Personal Violence
19
Q

Battery (4)

A
  1. Intention or Recklessness
  2. Unlawful force
  3. Can be committed indirectly or by omission
  4. Defence : Consent
20
Q

S47 OAPA ABH (3)

A
  1. Assault or Battery
  2. Causation - Legal and Factual
  3. Low Level Injury Sustained - More than transient or trifling
21
Q

GBH (6)

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
  5. Factual and Legal Causation
  6. Self- Defence Available
22
Q

GBH Consent (6)

A
  1. Surgery
  2. Body Modification
  3. Religious Practice
  4. Sporting Activities
  5. Horseplay
  6. Sexual Gratification
23
Q

S.1 Theft Act 1968 (4)

A
  1. Appropriation of
  2. Property belonging to another
  3. Dishonesty or
  4. Intention to permanently deprive
24
Q

Robbery (1)

A
  1. Theft + Use force or put victim in fear of force
25
Q

Burglary (4)

A
  1. Entry
  2. Building or Part of Building
  3. Act as Trespasser
  4. Knowingly or Recklessly
26
Q

Burglary 9(1)(a)

A

Intention to commit Theft, GBH, Criminal Damage

27
Q

Burglary 9(1)(b)

A

After entering defendant commits theft or GBH

28
Q

Aggravated Burglary

A

Defendant possesses firearm. weapon of offence or explosive

29
Q

Fraud by False Representation (4)

A
  1. Misleading Statement
  2. Representation by machine or agent
  3. Dishonesty
  4. Gain or Loss
30
Q

Fraud by Failure to Disclose (4)

A
  1. Omission
  2. Legal Duty to Disclose/Failure to Disclose
  3. Dishonesty
  4. Intention to make gain or loss
31
Q

Fraud by Abuse of Position (4)

A
  1. Occupies safeguarding position
  2. Position is abused - Active or Passive
  3. Dishonesty
  4. Intention to make gain or loss
32
Q

Defences to Criminal Damage (2)

A
  1. Honest belief owner would consent
  2. Honest belief property needs protection
33
Q

Criminal Damage (4)

A
  1. Damage
  2. Property
  3. Property must belong to another
  4. Intention or Recklessness
34
Q

Aggravated Criminal Damage (4)

A
  1. Criminal Damage plus
  2. Intention or Recklessness
  3. Endangerment to life
  4. By damage to property
35
Q

Arson (2)

A
  1. Criminal Damage by Fire
  2. Damage caused by smoke does not count
36
Q

Fit to Plead (4)

A
  1. Sufficient Intellect
  2. Comprehend Court Proceedings
  3. Challenge Jurors
  4. Comprehend Evidence
37
Q

Accessorial Liability (4)

A
  1. Aid
  2. Abet
  3. Counsel
  4. Procure
38
Q

Factual Impossibility

A

Liability not avoided

39
Q

Legal Impossibility

A

Does avoid liability

40
Q

Specific Intent Offences

A

May be able to rely on intoxication

41
Q

Self-Defence: Householder Exception

A

Greater force can be used, but cannot be grossly disproportionate

42
Q

Duress of Circumstances (2)

A
  1. Defendant’s Commission of Offence was Lesser of the Two Evils
  2. Does Not Apply to Murder
43
Q

Duress Restrictions

A
  1. Not Available for Murder
  2. Threat of Death or Serious Injury
  3. Threat Against Individual, Close Relative or Friend
  4. Someone else will act the same
  5. Sufficiently immediate
  6. Cannot rely if they voluntary associated with the maker of the threat
  7. If subjected to threats and committed an offence to avoid the threats being realised

SQE1 (FLK2) (7 decks)

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