Criminal Law Flashcards
What is the criminal liability formula?
Actus Reus + Mens Rea = Guilty of Offence
What is ‘Strict Liability’?
No Mens Rea is required, the crime is bad enough itself
What is an ‘Omission’?
A failure to do something
What is ‘Actus Reus’?
The guilty act of the crime (physical part). Needed with Mens Rea to be guilty of most crimes
What is ‘Mens Rea’?
The guilty mind of the crime (mental part). Needed with Mens Rea to be guilty of most crimes
Within ‘Mens Rea’, what does ‘Specific Intention’ mean?
Hope, wish, want, desire to cause the result
Within ‘Mens Rea’, what does ‘Forsight of Consequences’ mean? (Virtual Certainty)
Result was not what the defendant intended, but was forseeable
Within ‘Mens Rea’, what does ‘Reckless’ mean?
Taking risks, when you know you should not. For example, jay-walking or speeding
What is the ‘Chain of Causation’?
After everything which has happened in the case, is the defendants original actions still connected to the result of the victim?
What is the definition of Murder?
“Where a person of sound mind unlawfully kills any reasonable creature in being under the Queens peace with malice aforethought, either expressed or implied”
What is the Actus Reus of Murder?
- Killing must be unlawful
- Causation must be established
- Victim must die
- Victim must be a human
- Under the Queens peace
What is the Mens Rea of Murder?
> Expressed Malice - intention to kill
Implied Malice - intention to cause GBH
(Forsight of consequences is often considered for a number of murder cases)
What is ‘Transferred Malice’?
Mens Rea passed on to another person
What is ‘Involuntary Manslaughter’?
An unlawful killing where the accused did not have the specific intention for murder
- UNLAWFUL DANGEROUS ACT MANSLAUGHTER
- GROSS NEGLIGENCE MANSLAUGHTER
What is the ‘Objective Test’?
Sober and Reasonable person would realise that the unlawful act would put someone in risk of harm
What is the Mens Rea of Involuntary Manslaughter?
Must be proved that the D has the mens rea for the unlawful act, but it is not necessary for the D to recognise this
What is meant by ‘Gross Negligence Manslaughter’?
Where a person owes a duty of care, but performs that duty of care negligently which causes death
What is ‘Duty of Care’?
For example a mother and her baby
What law does the murder defence Diminished Responsibility come from?
Coroners and Justice Act 2009
How do we prove Diminished Responsibility?
Abnormality of mental functioning which:
(a)arose from a recognised mental condition
(b)substantially impairs D’s ability to:
>understand the nature of his conduct
>form a rational judgement
>exercise self control
(c)provides an explanation for D’s acts or omissions
How do we prove Loss of Control?
- D must exercise self control
- Qualifying Trigger (things said or done)
- A person of the same sex and age would of reacted in the same way as D did in the circumstances
What are the problems with the law on murder?
Can be guilty or murder if intended to cause GBH
The mandatory life sentence
-Should have different levels of murder
What are the problems with the law on manslaughter?
- Covers a wide range of conduct
- Death may be a very unexpected result
- D may not of realised the danger of their act
What law does Assault come from?
S.34 Criminal Justice Act 1988
What is an Assault?
Intentionally or recklessly causes another to fear immediate or unlawful violence. No need for contact, any way of threatening is enough
What is the Mens Rea for Assault?
Intention or being reckless to put someone in fear of violence
What law does Battery come from?
S.34 Criminal Justice Act 1988
What is a Battery?
The application (intentionally or recklessly) of unlawful force to another person. This can include the slightest touches
What is the Mens Rea for a Battery?
- Intention to apply unlawful physical force to another
- Test is subjective - did the D realise?
What is the overlap of Actus Reus and Mens Rea for a Battery?
Need to be present at the same time for the crime to be complete
What law does ABH come from?
S.47 Offences Against the Person Act 1861
What is ABH?
- An assault or battery has to cause it
- Any injury no matter how slight
What is the Actus Reus of ABH?
The same as Assault and Battery, but actually causing harm
What is the Mens Rea of ABH?
The same as Assault and Battery, but actually causing harm
What is S.20 GBH?
Really serious harm to a person
What is the Actus Reus of S.20 GBH?
The defendant must cause or inflict serious harm
What is the Mens Rea of S.20 GBH?
Only needs to realise that there is a slight chance a small amount of harm may occur
What is S.18 GBH?
The same as S.20, causing harm, but intending to do so
What is the Actus Reus for S.18 GBH?
Same as S.20, causing serious harm to someone
What is the Mens Rea for S.18 GBH?
A specific intention crime. The D WANTS to cause SERIOUS HARM
What are the problems with the Law of Assaults?
- From quite an old act
- Uses complex/old language
- ABH requires the same MR for assault and battery
- Different levels of injury
What is The Theft Act 1968 - Section 1?
Definition - “A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it”
What is The Theft Act 1968 - Section 2?
Dishonest
Ghosh Test:
1)Was the defendant dishonest by the standards of a ordinary reasonable human?
2)Did the defendant realise what they were doing was dishonest by these standards?
In Theft, when can you not be dishonest?
- Right in law to deprive the other of their property
- Believes the other person would of consented
- If they have taken reasonable steps to find the owner
What is The Theft Act 1968 - Section 3?
Appropriation - "any assumption of the right of ownership" -Covers a wide range of situations >Swapping labels >Items in trolley without paying >Items in pocket
What is The Theft Act 1968 - Section 4?
Property - Needs to be tangible
What is The Theft Act 1968 - Section 5?
Belonging to Another - This can literally mean belonging to another, or someone having the rights to something, for example a mechanic fixing your car
What is The Theft Act 1968 - Section 6?
Intention to permanently deprive
What law does Robbery come from?
S.8 Theft Act 1968
What is a Robbery?
Using force in order to commit a theft (force can be extremely broad)
What law does Burglary come from?
S.9 Theft Act 1968
What do you need to prove for a Burglary?
- Entry
- Of a building or part of a building
- A trespasser
What is meant by ‘Entry’?
It is only necessary for part of ones body to actually be in the building (or part of), as long as it is sufficient
What is meant by a ‘Building’?
Houses, shops, factories, caravans, sheds, garages etc
What is meant by ‘Part of a Building’?
Right to be in one part of a building, but not in another
What is meant by a ‘Trespasser’?
- No permission to be there
- Has permission, but goes beyond it
What is S9(1)(a) for Burglary?
Enters building as a trespasser to... (a)Steal (b)GBH (c)Criminal Damage Can be guilty if intention is no reached, just needs the MR
What is S9(1)(b) for Burglary?
Where D does not intent to be a trespasser, but in the ‘Spur of the Moment’ decided to steal, cause GBH, or cause criminal damage. Here the D must have done something to be guilty as there is no real MR present
What is ‘Making off without payment’?
Where the D knows payment is required, but makes off without paying it
What are the problems with the law of property offences?
- Owner can steal their own property in theft
- Should we prove they had intention to permanently deprive?
Insanity - General Defences?
“not guilty by reason of insanity”
- M’Naughten rules 1843 - “Is suffering from a defect of reason due to disease of the mind so that either he does not understand the nature and quality of his conduct, or does not know what he is doing is wrong”
- INTERNAL CAUSE (epilepsy, sleep disorder, diabetes)
Automatism - General Defences?
“acting like a robot”
- EXTERNAL CAUSE
- A natural response (e.g swinging arms if attacked by bees)
Consent - General Defences?
- May be a defence to NFO’s but not murder or GBH
- Consent to appropriate degree of injury in sports
Intoxication - General Defence?
- Involuntary Intoxication, can be a defence with Specific Intention can be a defence if there is no MR, can also be a defence for Basic Intention as they have not been reckless
- Voluntary Intoxication, can be a defence for Specific Intention as there is no MR (intoxicated), not a defence for Basic Intention, D has been reckless
Duress - General Defence?
- Duress of circumstance (necessity)
- Commit a crime by threat to the person or family, and be of death or serious harm
- Not a defence to murder - NO LIFE IS BETTER THAN ANOTHER!
Self Defence - General Defence?
- Force must be in proportion the force received
- Can’t be retaliation (attacker has stopped and you have carried on)
