Criminal Structure Flashcards
1
Q
ABH
A
- Idnetify offence
- State AR
- Apply Assualt/Battery
- Apply levle of harm
- State MR
- Apply MR
- Conclude
2
Q
Murder
A
- Identify offence
- State AR
- Apply AR
- State MR
- Apply MR
- Conclude
3
Q
Loss of control
A
- Did D lose control
- Was it cause by recognised trigger
- Objective test
4
Q
Structure
Diminished repsonsibility
A
- Did D suffer from abonormality mental functioning
- Was it caused by a diease of the mind
- Did it lead to substantial impairment
- Must provide an explanation being siginficant contributory factor
Understand nature of condcut
Form rational judg
Substantial impairment:
5
Q
Intoxication
A
- Was it Voluntary or involuntary
- Basic or specific
- How impaired
- Conlude
6
Q
Automatism
A
- Needs to be an external cause
- Apply
- D needs to act with no conscious control
- Apply
- Review if self induced
7
Q
Criminal structure
Self defence/Prevention of crime
A
- Identify the correct one
- Is action necessary
- Apply
- Is action reasonable
- Apply
Must use Criminal justice and immigration act 2008
Subjective.
8
Q
Duress
A
- Is it to defend self or another person whom they are resonably respsonsibe
- Apply
- Death from serious harm
- Apply
- Would sober person of reasonable firmness would have acted the same way
- Apply
D willingly asscoiated
Is threat related to crime
Possible escape?
9
Q
Gross Negligence Mansluaghter
A
- Duty of care to act
- Breach
- Gross & risk of detah
- Causes death
10
Q
Unlawful Act Manslaughter
A
- Unlawful act AR
- Apply
- Unlawful act MR
- Apply
- Is it dangerous
- Does it cause death
11
Q
Theft
A
- Define Appropriation and apply
- Define Property and apply
- Define Belonging to another and apply
- Define Dishonesty and apply
- Define Intention to permenantly deprive and apply
Dishonesty: Ivey and Genting comfirmed by R V Barton and Booth
12
Q
Robbery
A
- Apply theft first
- State AR
- Apply use of force
- Apply immediatley prior to or at the time
- Apply in order to steal
- State MR
13
Q
Attempts
A
- State the MR of the offence
- Apply
- State that AR must be more than merely preparatory
- Apply
The mens rea must alwyas have intent
14
Q
Insanity
A
- Defect of reason
- Apply
- Disease of the mind
- Apply
- Did not know the nature and the quality of act
- Apply
