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Criminal Liability (Black Letter Law) > Criminal Liability Offences - Cheat Sheet > Flashcards

Criminal Liability Offences - Cheat Sheet Flashcards

1
Q

What does AR stand for in criminal law?

A

Actus Reus: Guilty Conduct

Refers to the physical act or conduct that constitutes a criminal offense.

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2
Q

What does MR stand for in criminal law?

A

Mens Rea: Guilty Mind

Refers to the mental state or intention behind committing a crime.

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3
Q

What are the three types of Mens Rea?

A
  • Intention
  • Recklessness
  • Negligence
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4
Q

Define Intention in the context of Mens Rea.

A

Subjective: What was the defendant thinking at the time?

Burden of proof lies with the prosecution.

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5
Q

What is Recklessness in terms of Mens Rea?

A

Taking of an unjustified risk.

Subjective test (Cunningham): 1) Was D aware of the risk? 2) Did D foresee the risk and take it anyway?

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6
Q

Define Negligence in the context of Mens Rea.

A

Objective: What would a reasonable person have done in that situation?

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7
Q

What is Strict Liability?

A

Guilty, regardless of intent.

Example: Drunk driving.

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8
Q

What is Transferred Malice?

A

AR and MR should be for the same offence.

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9
Q

What constitutes Simple Criminal Damage?

A
  • Damage/Destruction of Property
  • Belonging to another
  • Without lawful excuse
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10
Q

What is the MR for Simple Criminal Damage?

A

Intention/Recklessness to Damage

Knowledge/Recklessness as to property ownership.

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11
Q

What distinguishes Aggravated Criminal Damage?

A
  • Damage/Destruction of Property
  • Belonging to self or another
  • Without lawful excuse
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12
Q

What is the ulterior MR for Aggravated Criminal Damage?

A

Intention/Recklessness as to endangerment of life.

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13
Q

What is the AR for Simple Assault under s.39 CJA 1988?

A

Causing the victim to apprehend immediate and unlawful personal force.

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14
Q

What is the MR for Simple Assault?

A

Intention/Recklessness to cause such apprehension.

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15
Q

What constitutes Battery under s.39 CJA 1988?

A

The infliction of unlawful personal force upon the victim.

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16
Q

What is the MR for Battery?

A

Intention/Recklessness to cause such infliction.

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17
Q

What is the AR for Assault occasioning Actual Bodily Harm (ABH) under s.47 OAPA 1861?

A

Assault occasioning Actual Bodily Harm (ABH).

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18
Q

What is the MR for ABH?

A

Intention/Recklessness as to the assault.

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19
Q

True or False: The defendant must have intended or foreseen ABH in an ABH charge.

A

False

R v Savage; R v Parmenter: Assault is sufficient.

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20
Q

What is the AR for Grievous Bodily Harm (GBH) under s.20 OAPA 1861?

A

Wounding or causing GBH.

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21
Q

What is the MR for GBH under s.20 OAPA 1861?

A

Malicious Intention/Recklessness to ABH.

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22
Q

What is the AR for Grievous Bodily Harm (GBH) under s.18 OAPA 1861?

A

Wounding or causing GBH.

23
Q

What is the MR for GBH under s.18 OAPA 1861?

A

Intention to cause GBH or to prevent or resist lawful apprehension.

24
Q

Define Murder in terms of specific intent.

A

Unlawful killing of a reasonable creature in being under the King’s peace with malice aforethought.

25
What is the AR for Murder?
Unlawful killing of a living person in the King’s peace.
26
What is the MR for Murder?
Malice Aforethought (Direct/Indirect Intention to kill or cause GBH).
27
What is Direct Intention?
Defendant desired something to happen; it was his aim, purpose, or goal.
28
What is Indirect Intention?
Defendant foresaw the consequence as virtually certain.
29
What is Unlawful and Dangerous Act Manslaughter?
Death occurs but MR of intention is lacking.
30
What is the AR for Unlawful and Dangerous Act Manslaughter?
The act was unlawful and dangerous; it killed a living person.
31
What is the MR for Unlawful and Dangerous Act Manslaughter?
The defendant committed an unlawful act (recklessly).
32
What is Gross Negligence Manslaughter?
Death occurs but MR of intention is lacking.
33
What is the AR for Gross Negligence Manslaughter?
Duty of care to victim; breach poses risk of death; breach causes death.
34
What is the MR for Gross Negligence Manslaughter?
Breach of duty (negligence) was 'grossly negligent'.
35
What constitutes Accomplice Liability?
* Aids, abets, counsels or procures the commission of any indictable principal offence * Must be an indictable offence
36
What is the MR for Accomplice Liability?
* Intentional act * Intention to help the principal commit the offence * Knowledge of the circumstances * Knowledge that the act was capable of assisting or encouraging
37
What is the AR for Attempted Crime?
Person does an act which is more than merely preparatory to the commission of the offence.
38
What is the MR for Attempted Crime?
* Intention as to actions or consequences that are part of the AR * Intention as to any ulterior MR elements * Knowledge or recklessness as to circumstances that are part of the AR
39
What is the AR for Theft under the Theft Act 1968 s1?
* Appropriation of Property * Belonging to another
40
What is the MR for Theft?
Dishonesty; intention to deprive that other person of the property.
41
What is the AR for Robbery under the Theft Act 1968 s8?
* Steals * Immediately before, or at the time of stealing uses FORCE on any person * Puts or seeks to put a person in fear of being subject to force
42
What is the MR for Robbery?
Dishonesty; intention to deprive that other person of the property.
43
What is the AR for Burglary under the Theft Act 1968 s9?
* Entry into a building or part of a building * As a trespasser
44
What is the MR for Intentional Burglary?
* Intention to steal * Intention to inflict GBH * Intention to cause unlawful criminal damage * Knowledge of trespass
45
What is the AR for Action-Based Burglary under the Theft Act 1968 s9?
* Entry into a building or part of a building * As a trespasser
46
What is the MR for Action-Based Burglary?
* Theft or attempted theft * Inflicting GBH or attempted GBH * Knowledge of trespass
47
What is Aggravated Burglary?
Having weapons or explosives at the time of the burglary.
48
What are the three exceptions for dishonesty under s2(1) of the Theft Act 1968?
* Right in law belief * Owner consents belief * Owner is indiscoverable belief
49
What is False Representation under s2 of the Fraud Act 2006?
* Representation was false
50
What is the MR for False Representation?
* Dishonesty * Intention to gain for self or another * Intention to cause loss to another * Knowledge or belief that it is false
51
What is Non-disclosure under s3 of the Fraud Act 2006?
* Duty to disclose * Failure to disclose
52
What is the MR for Non-disclosure?
* Dishonesty * Intention to gain for self or another * Intention to cause loss to another
53
What is Abuse of Position under s4 of the Fraud Act 2006?
* Position of trust * Abuse of that position
54
What is the MR for Abuse of Position?
* Dishonesty * Intention to gain for self or another * Intention to cause loss to another

Criminal Liability (Black Letter Law) (5 decks)

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