Criminal Law Flashcards
Burden of Proof: Prosecution (2)
- Must prove each and every element of the crime beyond reasonable doubt
- Legal burden to Disprove
Burden of Proof: Defendant (1)
- Balance of Probabilities
Duty to Act arises if (5)
- Statute
- Special Relationship
- Voluntary Assumption of Risk
- Contract
- Defendant created dangerous situation and aware of it
Factual Causation (2)
- But for Test
- Acceleration of Result is Sufficient
Legal Causation
Conduct must be substantial (more than minimal) and operative (no break in chain) cause of the outcome
Considerations that won’t break the chain of causation (2)
- Pre-existing condition
- Victim’s religious belief
Considerations that will break the chain of causation (2)
- Victim’s behaviour is so daft that it is unforeseeable
- Third Party if Act is Free, Deliberate and Informed
Test for Indirect Intention (3)
- Outcome must be virtually certain consequence
- Defendant must realise outcome is virtually certain
- Applies to specific intent offences
Recklessness (3)
- Defendant foresees risk
- Under circumstances known to defendant, risk is unreasonable to take
- Applies to Assault, Battery, Wounding or Causing s.20 GBH, Criminal Damage
Negligence (2)
- Did the defendant owe a duty of care
- Did the defendant breach the standard of care expected
Corporate Liability
- Identification Doctrine - Find a controlling mind
Murder (5)
- Causing
- Death of Human Being
- Unlawful
- With intention to kill or cause GBH
- Mandatory Life Sentence
Voluntary Manslaughter (3)
- Murder but Defences
- Diminished Responsibility
- Loss of Control
Diminished Responsibility (4)
- Abnormality of mental functioning
- Recognised medical condition
- Substantial impairs defendant’s ability
- Abnormality explains the killing
Loss of Control (3)
- Must lose control
- Caused by Qualifying Trigger
- Prosecution must disprove loss of control beyond reasonable doubt
Unlawful Act/Involuntary Manslaughter (4)
- Intentional
- Unlawful
- Dangerous
- Factual and Legal Causation
Gross Negligence Manslaughter (5)
- Duty of Care
- DoC breached - Omission/failing to act is sufficient
- Factual and Legal Causation
- Serious Risk of Death
- Breach must amount to gross negligence
Assault (5)
- Intention or Recklessness
- Apprehension
- Unlawful
- Immediate
- Personal Violence
Battery (4)
- Intention or Recklessness
- Unlawful force
- Can be committed indirectly or by omission
- Defence : Consent
S47 OAPA ABH (3)
- Assault or Battery
- Causation - Legal and Factual
- Low Level Injury Sustained - More than transient or trifling
GBH (6)
- Cause a wound (both layers of skin broken)
- Requires serious harm
- S20 - Intention or Recklessness Regarding Some Harm
- S18 - Intention to cause serious harm or resist arrest
- Factual and Legal Causation
- Self- Defence Available
GBH Consent (6)
- Surgery
- Body Modification
- Religious Practice
- Sporting Activities
- Horseplay
- Sexual Gratification
S.1 Theft Act 1968 (4)
- Appropriation of
- Property belonging to another
- Dishonesty or
- Intention to permanently deprive
Robbery (1)
- Theft + Use force or put victim in fear of force
Burglary (4)
- Entry
- Building or Part of Building
- Act as Trespasser
- Knowingly or Recklessly
Burglary 9(1)(a)
Intention to commit Theft, GBH, Criminal Damage
Burglary 9(1)(b)
After entering defendant commits theft or GBH
Aggravated Burglary
Defendant possesses firearm. weapon of offence or explosive
Fraud by False Representation (4)
- Misleading Statement
- Representation by machine or agent
- Dishonesty
- Gain or Loss
Fraud by Failure to Disclose (4)
- Omission
- Legal Duty to Disclose/Failure to Disclose
- Dishonesty
- Intention to make gain or loss
Fraud by Abuse of Position (4)
- Occupies safeguarding position
- Position is abused - Active or Passive
- Dishonesty
- Intention to make gain or loss
Defences to Criminal Damage (2)
- Honest belief owner would consent
- Honest belief property needs protection
Criminal Damage (4)
- Damage
- Property
- Property must belong to another
- Intention or Recklessness
Aggravated Criminal Damage (4)
- Criminal Damage plus
- Intention or Recklessness
- Endangerment to life
- By damage to property
Arson (2)
- Criminal Damage by Fire
- Damage caused by smoke does not count
Fit to Plead (4)
- Sufficient Intellect
- Comprehend Court Proceedings
- Challenge Jurors
- Comprehend Evidence
Accessorial Liability (4)
- Aid
- Abet
- Counsel
- Procure
Factual Impossibility
Liability not avoided
Legal Impossibility
Does avoid liability
Specific Intent Offences
May be able to rely on intoxication
Self-Defence: Householder Exception
Greater force can be used, but cannot be grossly disproportionate
Duress of Circumstances (2)
- Defendant’s Commission of Offence was Lesser of the Two Evils
- Does Not Apply to Murder
Duress Restrictions
- Not Available for Murder
- Threat of Death or Serious Injury
- Threat Against Individual, Close Relative or Friend
- Someone else will act the same
- Sufficiently immediate
- Cannot rely if they voluntary associated with the maker of the threat
- If subjected to threats and committed an offence to avoid the threats being realised
