criminal law (simple version)

Question 1

what are the five types of omissions?

Answer 1

1. duty arising from public office
2. duty under a contract of employment
3. in loco parentis
4. duty arising through a relationship
5. duty arising where D creates a dangerous situation

Question 2

what are the criteria to prove causation?

Answer 2

1. factually caused
2. legally caused
3. no intervening act

Question 3

what is the actus reus of murder?

Answer 3

unlawfully killed a human being under the kings peace. must have caused the death

Question 4

what is the men’s rea of murder?

Answer 4

malice aforethough express or implied
(intent or indirect)

Question 5

what is the criteria to prove unlawful act manslaughter?

Answer 5

1. unlawful act
2. dangerous act
3. has mr for the specific act
4. caused their death

Question 6

what is the criteria to prove gross negligence manslaughter?

Answer 6

1. duty of care
2. breath of doc
3. risk of death (history)
4. reasonably foreseeable
5. caused the death
6. requires criminal action

Question 7

what is the actus reus of common assault?

Answer 7

an act which causes the victim to apprehend the immediate application of violence, either intentionally or recklessly

Question 8

what is the men’s rea of common assault?

Answer 8

recklessness

Question 9

what is the actus reus of actual bodily harm

Answer 9

an assault (or battery) occasioning (causing) actual bodily harm

Question 10

what is the men’s rea of actual bodily harm?

Answer 10

1. intent to cause assault or battery but abh caused
2. recklessly causing assault or battery but abh caused
3. intending or recklessly causing abh

Question 11

explain section 20 of OAPA

Answer 11

a wound

gbh

recklessly caused

Question 12

explain section 18 OAPA

Answer 12

wound

gbh

intentionally caused

Question 13

what is the actus reus of theft?

Answer 13

D appropriates property belonging to another

Question 14

what is the men’s rea of theft?

Answer 14

D must have dishonestly appropriated with the intent to permanently deprive the other of it

Question 15

what is the actus reus of burglary?

Answer 15

entered a building (or part of a building) as a trespasser

Question 16

what is the men’s rea of burglary?

Answer 16

must have intended or recklessly trespassed

must have intended on entry
or must have had the intent for the ulterior offence on entry

Question 17

what is the actus reus of robbery?

Answer 17

there must be a theft

immediately before or at the time of doing so

use of force

on a person

or seeks to put the v in danger