Everything

Question 1

What counts as a ‘crime’?

Answer 1

The court declares something a crime because she passes acts of parliament apart from when a judge creates a law.

Question 2

What was made a crime in RvR (1991)?

Answer 2

Marital rate

Question 3

Woolmington v DPP (1935)

Answer 3

Shot wife with gun hidden in his coat

Found guilty of murder

Question 4

Woolmington v DPP (proves)

Answer 4

Confirms standard of proof and burden of proof

Sorts out issues of intention

Question 5

What is actus reas?

Answer 5

Guilty act

Question 6

What is omissions?

Answer 6

Failing to do something

Question 7

What is causation?

Answer 7

The issue here is that very often the prosecution will have to prove that the defendant actually caused the consequence.

Question 8

Important phrase

Answer 8

‘Actus non facit reum nisi mens sit rea

Question 9

Malice aforethought

Answer 9

Intention (mens rea)

Question 10

What is criminal liability??

Answer 10

Finding somebody guilty

Question 11

Omissions

Answer 11

Statutory duty to act 
Contractual duty to act
Public office
Relationship 
‘Voluntarily assumed’
Rectify the dangerous situation that D has himself created

Question 12

What is the chain of causation?

Answer 12

D started the whole chain off he should take responsibility for the final outcome.

Question 13

What is novus actus interveniens??

Answer 13

New intervening act

Brakes the chain of causation

Question 14

Causation issues that p has to prove

Answer 14

Factual and legal causation

Question 15

Subjective approach

Answer 15

Accused is regarded as a unique person.

Takes into account age, characteristics etc

Question 16

Objective approach

Answer 16

Not regarded as a unique person.

Doesn’t take into account anything about the defendant

Question 17

Meaning of mens rea

Answer 17

Mental element

Question 18

Intention

Answer 18

Highest degree

Required for offences such as murder s.18 wounding or grievous bodily harm

Question 19

Recklessness

Answer 19

Required for offences such as s.47 actual bodily harm

Question 20

Negligence

Answer 20

Lowest degree

Required for gross negligence manslaughter

Question 21

Direct intention

Answer 21

Aim to do it and want to do it

Question 22

Oblique/indirect intention

Answer 22

D does not desire the outcome but realises that it might occur

Question 23

S8 of the criminal justice act 1967

Answer 23

If the consequences of your actions are quite obvious this does not mean that the jury might infer that it might have been intended

Question 24

Transferred malice

Answer 24

Malice - intention
R v Latimer (1986)
Gnango (2011)
R v Pembliton (1874)

Question 25

Recklessness (definition)

Answer 25

Type of men’s rea

D can be found guilty for taking an unjustified risk

Question 26

Strict liability

Answer 26

With these crimes the prosecution does NOT need to prove that D had mens rea in order to find them guilty.

Question 27

Key cases for strict liability

Answer 27

Sweet v Parsley (1969)

Gammon (1984)

Question 28

Factors of strict liability (1)

Answer 28

1 - more likely to be classed as strict liability if the crime is only regulatory (breaking the rules) and NOT ‘truly criminal’

Question 29

Factors of strict liability (2)

Answer 29

The statute IMPlIES that the offence is strict liability

Question 30

Factors of strict liability (3 & 4)

Answer 30

Where there is an issue of social concern

If deciding the offence of social concern is one of strict liability will help ensure the crime is not committed

Question 31

Strict liability and sexual offences

Answer 31

S.5 - rape of a child under 13 (no mens rea required)
S.7 - sexual assault of a child under 13 (no mens rea required)
S.9 - sexual activity with a child under 16 (mens rea required)