Criminal Law S2

Question 1

What act is Rape from?

Answer 1

Sexual offences act

Question 2

Actus reus of rape?

Answer 2

D must penetrate vagina anus or mouth of V with his penis

that penetration must be without V’s consent

Question 3

Conditions of penetration element of rapes acts reus

Answer 3

Must be a continuous act or its covered by section 2

Question 4

Olugboja [1982]

Answer 4

Case outlines the difference between consent and mere submission

Question 5

Judicial studies board specimen direction no.53

Answer 5

female may not have given consent at. a certain point but reluctantly agrees then there is no consent

Question 6

What section of SOA is about consent

Answer 6

Section 74

Question 7

Williams [1923]

Answer 7

Deception as to nature of the act

duped by singing teacher into sex to improve breathing and singing

Question 8

Flattery (1877)

Answer 8

Deception as to nature of the act

sex as a medical procedure, just isn’t though is it ya blert

Question 9

B [2006]

Answer 9

Deception as to HIV status is not part of the sexual offences act

Freedom to chose - deception as to HIV NOT SOA

Question 10

Tabassum [2000]

Answer 10

Deception as to purpose of act

breast exam

Question 11

Devonaid {2008}

Answer 11

Deception as to purpose

Charlie Taylor catfishing Joe graham
blackmail

Question 12

Linekar [1995]

Answer 12

Deception as to purpose

prostitute solicited, left without paying her
payment obtained on false promise as he never intended to pay

Question 13

Jheeta [2007]

Answer 13

Deception as to purpose

pretended to be police and said she should have sex or something bad would happen

Question 14

s.75 Rebuttable presumptions are:

Answer 14

• use or threat of violence
• unlawful detention
• asleep or otherewise unconscious
• stupefying substance administered without knowledge

Question 15

s74 capacity to choose:

Bree [2008] the role of alcohol

Answer 15

not rape if the person voluntarily got pissed and was capable of choice

Question 16

Mcnally [2014]

Answer 16

Defendant was a woman pretended to be a man sexual activity took place and she admitted she was female

she had consented with a man nit a woman so no consent

not rape but various other offences

Question 17

Kirk [2008]

Answer 17

Victim was homeless and in danger agreed to allow a guy for 3.25 upheld rape conviction as she was very hungry and therefore didn’t have a choice

Question 18

Assange

Answer 18

Agrees by choice conditions

arrest warrant for extradition, took condom off during sex , she hadn’t canst-ented to it without condom so is a rape

Question 19

F v DPP

Answer 19

said don’t cum in her, came in her, rape

Question 20

Mens Rea of Rape

Answer 20

1) D must intentionally penetrate the vagina, anus or mouth of another person
2) Must not reasonably believe other person consents to penetration

Question 21

s1.(2)

Answer 21

Wether a belief is reasonable will be decided with regard to all circumstances

Question 22

Role of intoxication

Answer 22

Grewal [2010] any mistake made due to alcohol cannot be counted on

Question 23

What deals with attempt?

Answer 23

Criminal Attempts Act 1981

Question 24

CAA s1.1

Answer 24

doing an act that is more than preparatory to the commission of the offence, he is guilty of attempting to commit the offence

Question 25

To what does s1 of CAA apply?

Answer 25

Indictable offences and shoplifting

Question 26

Actus reus of attempt?

Answer 26

An act that is more than preparatory

Question 27

Mens rea of attempt

Answer 27

must intend to commit the offence they were attempting

Question 28

Mens rea of attempt

Answer 28

must intend to commit the offence they were attempting

intends to:

• perform the conduct/act element of AR
• bring about the consequence element of AR
• Mere recklessness can suffice

Question 29

Mens rea of attempt

Answer 29

must intend to commit the offence they were attempting

intends to:

• perform the conduct/act element of AR
• bring about the consequence element of AR
• Mere recklessness can suffice (Khan)

Question 30

CAA s44/45/46

Answer 30

deals with acts capable of assisting or encouraging an offence

cannot be accessory unless and until principle commits a crime

Question 31

AR of s44/45/46 of CAA

Answer 31

deals with acts capable of assisting or encouraging an offence

cannot be accessory unless and until principle commits a crime

Question 32

MR s44

Answer 32

intends to assist or encourage commission of the offence

Question 33

MR s45

Answer 33

believes that the offence will be committed and that his act will encourage or assists its commission

Question 34

MR s46

Answer 34

believes one or more offences will be committed and his act will en/ass at least one

Question 35

MR s44 CAA

Answer 35

intends to assist or encourage commission of the offence

Question 36

MR s45 CAA

Answer 36

believes that the offence will be committed and that his act will encourage or assists its commission

Question 37

MR s46 CAA

Answer 37

believes one or more offences will be committed and his act will en/ass at least one

Question 38

S.50 CAA

Answer 38

Special defence

D either knew or reasonably believed certain circumstances existed and

It was reasonable for him to act as he did in those circumstances