Criminal Law Resit Flashcards
What is the structure of the answer
- Sexual offences?
- Murder?
- Loss of Control?
- Assault of the taxi driver?
Mens rea of Sexual Assault
Intention to touch
No reasonable belief in consent
Actus Reus of Sexual Assault
Touching the other person
sexually
without consent
How is reasonable belief in consent assessed
Subjectively assessing all factors
what case proves any touch is acceptable to prove SA
H 2005
Who assesses if touching is sexual and what solidified this?
Jury - s.78 SOA 2003
What case holds that intoxication is not a defence to sexual assault
DPP v Majewski [1977]
What section of the sexual offences act covers consent
ss 75
What is the actus reus of murder?
Unlawfully
Causing death
of a human being
under the queens peace
what is the mens rea of murder and what case held this?
Intention / Malice aforethought - Vickers 1957
What case solidified the thin skull rule (and what quote)
Hayward (1908) - Take your victim as you find them
What are the two casues for death
Factual and legal
What is the test for factual cause of death and what case holds this?
But for test
What is the test for legal cause of death and what case holds this?
Must make a significant contribution to the death of the victim Pagett 1963
What proves that they are a human being
Rerum natura (a reasonable creature in being)
What evidence means the mens rea of murder may be present
He wanted her to “suffer” and claims he was “out of mind with blind rage”
What legislation holds the law of loss of control
Coroners and Justice act 2009
Which case holds that the prosecution must disprove loss of control
Foye [2013]
R v Wilcocks [2016]
Who determines if the defendant lost control and what is the standard
the jury if there is sufficient evidence raised -Beyond reasonable doubt
What is found under OAPA 47
Battery/common assault
actus reus of Battery/common assault
Causing a person to apprehend immediate and unlawful personal violence
which case holds that apprehension means a threat must be percieved
lamb [1967]
what holds that a person does not have to suffer personal violence, only the apprehension of it
Logdon v dpp [1976]
what is the standard for psychological damage
Regognisable mental condition must arise with medical evidence (r v d [2006]
What is the Mens Rea of battery/common assault
Intnetionally or recklessly causing someone to apprehend immediate personal violence (cunningham 1957)
what is the Cunningham test for
Recklessness
is there evidence for recklessness in relation to the driver
yes - hitting someone while driving
