Criminal Law 2 - Specified Criminal Offences Flashcards by Neha Patel

What is the actus reus and mens rea for Assault?

Actus Reus: Causing the victim to apprehend immediate and unlawful personal violence.
Mens Rea: Intention or recklessness as to causing the victim to apprehend immediate and unlawful personal violence.

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What type of offence is Assault, and what is the maximum sentence?

Summary offence (S)
Maximum six months’ custody.

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Give examples of Assault.

Threats of violence only.
Victim anticipates violence but no touching.
Raising a fist towards someone.
Silence in some circumstances.

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What is the actus reus and mens rea for Battery?

Actus Reus: Applying unlawful force to another.
Mens Rea: Intention or recklessness as to applying unlawful force to another.

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What type of offence is Battery, and what is the maximum sentence?

Summary offence (S)
Maximum six months’ custody.

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Give examples of Battery.

Mere touch.
Unwanted kiss.
A slap.

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What is the actus reus and mens rea for Section 47 Offences Against the Person Act 1861?

Actus Reus: Assault or battery occasioning actual bodily harm.
Mens Rea: Mens rea for assault or battery (intention/recklessness).

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What type of offence is Section 47, and what is the maximum sentence?

Either Way (EW) offence
Maximum five years’ custody.

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Give examples of Section 47 ABH.

Temporary loss of sensory function.
Temporary unconsciousness.
Extensive bruising.
Cutting someone’s hair without consent.
Minor fractures.
Psychiatric injury beyond mere fear or distress.

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What is the actus reus and mens rea for Section 20 Offences Against the Person Act 1861?

Actus Reus: Wounding or inflicting grievous bodily harm (GBH).
Mens Rea: Intent or recklessness as to causing some harm.

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What type of offence is Section 20, and what is the maximum sentence?

Either Way (EW) offence
Maximum five years’ custody.

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What is the actus reus and mens rea for Section 18 Offences Against the Person Act 1861?

Actus Reus: Wounding or causing grievous bodily harm.
Mens Rea: Intent to cause grievous bodily harm.

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What type of offence is Section 18, and what is the maximum sentence?

Indictable Only (IO) offence
Maximum life imprisonment.

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Give examples of Section 18 GBH.

Permanent disability.
Broken bones.
Fractured skull.
Substantial blood loss.
Wounds breaking both dermis and epidermis.

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What is the actus reus and mens rea for Theft (Section 1 Theft Act)?

Actus Reus: Appropriates property belonging to another.
Mens Rea: Dishonestly and with intention of permanently depriving the other.

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What type of offence is Theft, and what is the maximum sentence?

Either Way (EW) offence
Maximum seven years’ custody.

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What is the actus reus and mens rea for Robbery (Section 8 Theft Act)?

Actus Reus: Theft + use/threat of force immediately before or at the time of stealing OR puts any person in fear of being subject to force.
Mens Rea: Mens rea of theft + intention to use force to steal.

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What type of offence is Robbery, and what is the maximum sentence?

Indictable Only (IO) offence
Maximum life imprisonment.

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What is the actus reus and mens rea for Burglary under Section 9(1)(a) Theft Act?

Actus Reus:
1. He enters into the building/part as trespasser, AND
2. With intent to steal, inflict GBH or cause unlawful damage.
Mens Rea: Knowing/reckless trespass + intent to commit ulterior offence.

What type of offence is Burglary Section 9(1)(a), and what is the maximum sentence?

Either Way (EW) offence
Maximum 14 years (domestic) or 10 years (non-domestic).

What is the actus reus and mens rea for Burglary under Section 9(1)(b) Theft Act?

Actus Reus:
1. Having entered into the building, he then
2. steals, or intents to steal, or inflict GBH
Mens Rea: Knowing or reckless trespass + intent to commit theft or GBH.

What type of offence is Burglary under Section 9(1)(b) Theft Act and what is maximum sentence?

Either-way
14 years’ custody (domestic burlglary)

Difference between s9(1)(a) and (b) burglary

s9(1)(a): Intent must be formed before or at the moment of entering.
s9(1)(b): The defendant does not need to have the criminal intent when entering — it’s enough that they commit or attempt the offence after entry.
Crimes covered for s9(1)(a): Theft, GBH, Criminal Damage
Crimes covered for s9(1)(b): Theft or GBH only

What is Aggravated Burglary (Section 10 Theft Act)?

Burglary committed with firearm, imitation firearm, weapon of offence or explosive.

What type of offence is Aggravated Burglary, and what is the maximum sentence?

Indictable Only (IO) offence Maximum life imprisonment.

What are the 5 parts of the offence of basic criminal damage?

1. Destroy or damage 2. Property 3. Belonging to another 4. Without lawful excuse 5. Intention or recklessness as to the damage ## Footnote None

What counts as 'damage' in criminal damage?

* Need not be permanent * Relevant if time/money is needed to restore * Includes impairment of value or usefulness ## Footnote None

What does 'belonging to another' mean in criminal damage?

* Custody/control * Proprietary right or interest * Charge on it ## Footnote None

What is required for mens rea in basic criminal damage?

* Intention or recklessness * Must know or be reckless that property belonged to another ## Footnote None

What is Basic Arson?

Criminal damage caused by fire Same mens rea: intention or recklessness as to damage by fire ## Footnote None

What are the elements of aggravated criminal damage?

Damage property (own or another's) Intend/reckless about damaging Intend/reckless about endangering life ## Footnote None

Does actual endangerment of life need to occur in aggravated criminal damage?

No, only intention or recklessness is required. ## Footnote None

What are the lawful excuses for basic criminal damage?

Honest belief owner consented Acting to protect property immediately and reasonably ## Footnote None

What is the actus reus for murder?

Unlawful killing of a human being under the King’s Peace ## Footnote None

What is the mens rea for murder?

Intention to kill or cause GBH ## Footnote None

What distinguishes voluntary manslaughter from murder?

Special defences (diminished responsibility or loss of control) reduce murder to manslaughter. ## Footnote None

What must be proven for diminished responsibility?

* Abnormality of mental functioning from a recognised medical condition * Substantial impairment to understand D's conduct, form rational judgment and exercise self-control * Explanation for the killing - abnormality of mental functioning must provide an explanation for the D's act or omissions ## Footnote None

What are the three elements of loss of control?

**1. Loss of self-control** * Need not be sudden * Can't be acting out of revenge * Doesn't have to be complete loss of self-control **2. Qualifying trigger** * Sexual infidelity not justifiable * Things said/done * Extremely grave nature * Caused D to have justifiable sense of being seriously wronged **3. Normal person might react similarly** * 2 steps: defendant's circumstances and then what a normal person wouldve done * Defendant's circumstances = all circs OTHER THAN D's general capacity for tolerance or self restraint * Normal person test = normal person wouldve done, someone with normal tolerance and abulity to exercise restraint ## Footnote None

What are the four elements of unlawful act manslaughter?

Intentional unlawful act Dangerous act Causation of death Act is criminal (not civil wrong) ## Footnote None

What are the key elements of gross negligence manslaughter (GNM)?

1. Duty of care 2. Breach [falling below standard expected of reasonal person] causing death 3. Obvious and serious risk of death 4. Gross negligence ## Footnote None

What is the offence of fraud by false representation?

Dishonestly making a false representation intending to make a gain or cause a loss. ## Footnote None

What counts as a false representation in fraud?

Express or implied misstatement of fact, law, or state of mind ## Footnote None

What is the mens rea for fraud by false representation?

Dishonesty Knowledge the statement is false/misleading Intent to gain or cause loss ## Footnote None

What is fraud by failing to disclose information?

Dishonestly failing to disclose information you have a legal duty to disclose to gain or cause loss. ## Footnote None

What relationships can give rise to a duty to disclose in fraud?

Statutory Fiduciary Contract Market custom ## Footnote None

What is fraud by abuse of position?

Dishonestly abusing a position of trust to make a gain or cause a loss ## Footnote None

What must be proven for fraud by abuse of position?

Occupation of a position of trust Abuse of that position Dishonesty Intention to gain/cause loss ## Footnote None