Criminal Law Flashcards
Who generally brings criminal cases to court?
The state, typically in the form of the Crown Prosecution Service (CPS). However, other entities like local authorities and agencies may also bring cases.
Where do all criminal offences initially appear?
In the Magistrates’ Courts. Serious offences may progress to the Crown Court.
What is the standard of proof required for the prosecution in a criminal case?
The prosecution must prove each element of the offence beyond reasonable doubt.
What are the two components usually required for a criminal offence?
Actus reus (a physical act) and mens rea (a mental state).
Can an omission be the basis for a criminal offence?
Generally, no. However, an omission can be culpable if the defendant had a duty to act and breached it.
What are the two types of intention under mens rea?
Direct intention: The defendant’s aim or purpose.
Indirect (oblique) intention: The outcome was virtually certain, and the defendant realized this.
What is transferred malice?
If a defendant intends to commit an offence against one victim but commits it against another, the intent transfers to the actual victim.
What is required to prove murder?
That the defendant unlawfully caused the death of another human being with the intention to kill or cause grievous bodily harm.
What are the partial defences that can reduce murder to voluntary manslaughter?
Diminished responsibility – Abnormality of mental functioning.
Loss of control – Caused by a qualifying trigger such as fear of violence or extreme provocation.
What is the difference between assault and battery?
Assault: Causing someone to apprehend immediate unlawful force.
Battery: The application of unlawful force to another person.
What are the elements of theft under the Theft Act?
Dishonestly appropriating property belonging to another with the intention to permanently deprive them of it.
What is fraud by false representation?
Dishonestly making a false representation intending to gain or cause loss or risk of loss to another.
When does burglary occur?
When a person enters a building as a trespasser with intent to steal, inflict grievous bodily harm, or cause criminal damage.
What are the requirements for self-defence?
The defendant must believe force was immediately necessary, and the force used must have been reasonable and proportionate.
What is duress as a defence?
A defence where the defendant commits an offence due to a threat of death or serious injury, provided the threat is immediate and leaves no opportunity to take evasive action.
What are strict liability offences?
Offences that do not require proof of mens rea (e.g., driving under the influence).
What is the “but for” test in causation?
A result would not have occurred “but for” the defendant’s conduct.
What is the “thin skull rule”?
A defendant is responsible for greater harm caused by a victim’s pre-existing vulnerabilities, even if unexpected.
What are the two types of involuntary manslaughter?
Unlawful act manslaughter: Caused by a dangerous and unlawful act.
Gross negligence manslaughter: Caused by extreme negligence breaching a duty of care.
What is the difference between grievous bodily harm (GBH) under sections 18 and 20?
GBH s18: Intent to cause serious harm or resist arrest (specific intent).
GBH s20: Recklessness or intent to cause some harm (basic intent).
What is the legal definition of actual bodily harm (ABH)?
Any hurt or injury calculated to interfere with the victim’s health or comfort.
What is the difference between aggravated burglary and regular burglary?
Aggravated burglary involves the possession of a weapon (e.g., firearm, explosive, or adapted tool) while committing burglary.
What constitutes criminal damage?
Destroying or damaging property belonging to another without lawful excuse, with intent or recklessness.
What is arson?
Criminal damage caused by fire.
What is the defence of necessity?
The criminal act must be committed to avoid an inevitable and greater evil.
When can consent be used as a defence to assault or battery?
In contexts such as sports, surgery, tattoos, religious practices, and horseplay.
What is the doctrine of impossibility in inchoate offences?
Physical impossibility: Attempting an offence that cannot be physically completed is still an offence.
Legal impossibility: Attempting a non-criminal act is not an offence.
What are the elements of aiding, abetting, counselling, or procuring a crime?
Aid: Assisting the commission of the offence.
Abet: Encouraging the offence.
Counsel: Advising or soliciting the offence.
Procure: Causing or persuading someone to commit the offence
What is gross negligence in criminal law?
A breach of duty so severe it amounts to a crime, typically resulting in death (e.g., gross negligence manslaughter).
What are the tests for recklessness in criminal law?
Subjective test: The defendant foresaw a risk and proceeded regardless.
Objective test: The risk taken was unreasonable under the circumstances.
What is involuntary intoxication?
A defence if the intoxication was not the defendant’s fault and it negated the mens rea for the offence.
