Criminal Law Flashcards

1
Q

Is murder a common law or statute law?

A

Common law - Created by Judges

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2
Q

What is the definition of Murder?

A

The unlawful killing of a reasonable creature in being under the king’s (or queens) peace with malice aforethought, expressed or implied.

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3
Q

What does Actus reus mean?

A

The actual act

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4
Q

What are the two types of causation?

A

Factual causation - ‘But for’ test

Legal cause - D has to be more than a minimal reason of the crime

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5
Q

What does novas actus interventens mean?

A

No intervening acts- There shouldn’t be intervening acts between the defendants Action and the consequence.

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6
Q

Explain the thin skull rule including a case.

A

The thin skull rule states that you must take your victim as yo find them.
Blaue (1975)- stabbed but was Jehovas witness so couldn’t accept blood transfusion so died, D convicted of murder.

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7
Q

What are the three main intervening acts?

A
  • Act of a third party
  • Victims own act
  • Natural but unpredictable event
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8
Q

What are the five cases that you can be guilty of omisssions? Use examples

A
  • Duty from contract - Pitwood 1902 (D employed as railway guard but forgot to close gate, car was hit by train driver died so D was liable for Maurer
  • Duty from relationships - Gibbons 1918 (Mother and father starved their kid)
  • Duty taken voluntarily - Stone 1977 (Defendants voluntarily took a family member in and she died due to poor treatment)
  • Duty arises due to events set in motion by the defendant - Miller 1983 (D = homeless set mattress on fire then left but was held liable)
  • Official position
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9
Q

What is the Actus reus of murder?

A
  • Defendant killed
  • a human being
  • in the queens peace
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10
Q

What are the two types of mens rea?

A
  • Express malice aforethought (Direct intent) - Intent to kill
  • Implied malice aforethought (Oblique intent) - Intent to cause GBH
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11
Q

What is foresight of consequence and name a case that it was used in

A
  • It states that the defendant must foresee the outcome of death and this would be used as evidence for intention for the crime
  • Woolin (1998) - Dad threw baby at prom and missed (If the outcome of death sis verbally certain the jury’s may infer guilt
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12
Q

What is transferred malice?

A

If the defendant intended to commit a similar crime but on another victims then the charge will still stand as they still had the intention to commit the crime

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13
Q

What Act is the defence of loss of control in?

A

Section 54 Coroners and Justice Act

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14
Q

What does the Act state needs to occur in order to use the defence of loss of control and what sections are they in?

A
  • Section 54(1)(a): D must lose control
  • Section 54(1)(b): Because of a qualifying trigger
  • Section 54(1)(c): Person of the Same sex and age would have reacted in the same way
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15
Q

What classes as a qualifying trigger for someone to use the loss of control defence?

A
  • Defendant must be scared

- Things said/done must be of an extremely grave character and create D to have justifiable sense of being wronged

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16
Q

What does not class as a qualifying trigger for someone to use the loss of control defence?

A
  • Sexual infidelity

- Revenge

17
Q

What Act is Diminished responsibility in?

A

Section 52 Coroners and Justice Act 2009

18
Q

What is the criteria set in order to use Diminished Responsibility as a defence?

A

Defendant must be suffering from an abnormality of functioning which

  • arose from a recognised medical condition
  • Substantially impairs their ability to understand their conduct,form rational judgement and excessive self control
  • Provides an explanation for their actions
19
Q

What is abnormality of mental functioning and what case can be used to explain it?

A

Abnormality of mental functioning is a state of mind so different from that of ordinary human beings that the reasonable man would term its abnormal
- Byrne (1960): sexual psychopath, court of appeal overturned murder conviction to manslaughter

20
Q

What 2 crimes make common assault?

A
  • Assault

- Battery

21
Q

What is Assault?

A

An action that causes the victim to apprehend immediate unlawful force will be used on them

22
Q

What is the Actus reus of Assault?

A

There must be …

  • An act
  • That causes the victim to apprehend the immediate infliction of unlawful force
23
Q

What is battery?

A

Battery is the application of the unlawful force

24
Q

What is the Actus reus of battery?

A
  • The application of unlawful forced to another person