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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
Q

What is the AR for Murder?

A

Unlawful killing of a living person in the King’s peace.

26
Q

What is the MR for Murder?

A

Malice Aforethought (Direct/Indirect Intention to kill or cause GBH).

27
Q

What is Direct Intention?

A

Defendant desired something to happen; it was his aim, purpose, or goal.

28
Q

What is Indirect Intention?

A

Defendant foresaw the consequence as virtually certain.

29
Q

What is Unlawful and Dangerous Act Manslaughter?

A

Death occurs but MR of intention is lacking.

30
Q

What is the AR for Unlawful and Dangerous Act Manslaughter?

A

The act was unlawful and dangerous; it killed a living person.

31
Q

What is the MR for Unlawful and Dangerous Act Manslaughter?

A

The defendant committed an unlawful act (recklessly).

32
Q

What is Gross Negligence Manslaughter?

A

Death occurs but MR of intention is lacking.

33
Q

What is the AR for Gross Negligence Manslaughter?

A

Duty of care to victim; breach poses risk of death; breach causes death.

34
Q

What is the MR for Gross Negligence Manslaughter?

A

Breach of duty (negligence) was ‘grossly negligent’.

35
Q

What constitutes Accomplice Liability?

A
  • Aids, abets, counsels or procures the commission of any indictable principal offence
  • Must be an indictable offence
36
Q

What is the MR for Accomplice Liability?

A
  • 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
Q

What is the AR for Attempted Crime?

A

Person does an act which is more than merely preparatory to the commission of the offence.

38
Q

What is the MR for Attempted Crime?

A
  • 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
Q

What is the AR for Theft under the Theft Act 1968 s1?

A
  • Appropriation of Property
  • Belonging to another
40
Q

What is the MR for Theft?

A

Dishonesty; intention to deprive that other person of the property.

41
Q

What is the AR for Robbery under the Theft Act 1968 s8?

A
  • 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
Q

What is the MR for Robbery?

A

Dishonesty; intention to deprive that other person of the property.

43
Q

What is the AR for Burglary under the Theft Act 1968 s9?

A
  • Entry into a building or part of a building
  • As a trespasser
44
Q

What is the MR for Intentional Burglary?

A
  • Intention to steal
  • Intention to inflict GBH
  • Intention to cause unlawful criminal damage
  • Knowledge of trespass
45
Q

What is the AR for Action-Based Burglary under the Theft Act 1968 s9?

A
  • Entry into a building or part of a building
  • As a trespasser
46
Q

What is the MR for Action-Based Burglary?

A
  • Theft or attempted theft
  • Inflicting GBH or attempted GBH
  • Knowledge of trespass
47
Q

What is Aggravated Burglary?

A

Having weapons or explosives at the time of the burglary.

48
Q

What are the three exceptions for dishonesty under s2(1) of the Theft Act 1968?

A
  • Right in law belief
  • Owner consents belief
  • Owner is indiscoverable belief
49
Q

What is False Representation under s2 of the Fraud Act 2006?

A
  • Representation was false
50
Q

What is the MR for False Representation?

A
  • Dishonesty
  • Intention to gain for self or another
  • Intention to cause loss to another
  • Knowledge or belief that it is false
51
Q

What is Non-disclosure under s3 of the Fraud Act 2006?

A
  • Duty to disclose
  • Failure to disclose
52
Q

What is the MR for Non-disclosure?

A
  • Dishonesty
  • Intention to gain for self or another
  • Intention to cause loss to another
53
Q

What is Abuse of Position under s4 of the Fraud Act 2006?

A
  • Position of trust
  • Abuse of that position
54
Q

What is the MR for Abuse of Position?

A
  • 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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