framing criminal culpability

Question 1

What is a definition of mens rea?

Answer 1

the mental state (guilty mind)

Question 2

What is actus reus?

Answer 2

the prohibited act (guilty act)

Question 3

Is murder found in an Act of Parliament?

Answer 3

No, due to time restraints, Parliament will legislate on pressing issues requiring legislation. Murder is an offence under common law

Question 4

What are the three elements that make up the definition of the actus reus of murder?

Answer 4

1-causation
2-death
3-the victim was a human being

Question 5

According to Elliott and Quinn 2012, what is the mens rea for murder?

Answer 5

“either an intention to kill or an intention to cause grievous bodily harm”

Question 6

In R v White (John) [1921] 2 KB 124, what were the facts and was he charged with the offence of murder?

Answer 6

Defendant gave his mother poison, but she died of a heart attack before the poison took effect. Therefore, he was not liable for murder. He also was not charged with attempted murder

Question 7

What is the test of factual causation relating to murder?

Answer 7

The “but for” test. The prosecution must prove that ‘but for ‘ the accused ‘s conduct, the victim would not have died as he did.

Question 8

What did the Law Reform(Year and a Day Rule) Act 1996 do?

Answer 8

Removed the requirement that death must occur within a year and day-this is relevant to medical intervention that can prolong life.

Question 9

What is the test of legal causation relating to murder?

Answer 9

Whether the act or omission was an operative and significant cause of death.

Question 10

When was the death penalty abolished and what was the act?

Answer 10

Murder (Abolition of the Death Penalty) Act 1965, making the penalty a mandatory life sentence.

Question 11

What is the criteria for causing death by dangerous driving?

Answer 11

S1 RTA 1988 ‘…death is caused…by driving a mechanically propelled vehicle dangerously on a road or public place is guilty of an offence’
S2 (A)1-driving dangerously is when it falls below expected level of a competent and careful driver and it would be obvious to a competent and careful driver that driving like this is dangerous.

Question 12

Name the case linked to death by dangerous driving?

Answer 12

R v Gary Neil Hart [2003] EWCA Crim 1268
The driver fell asleep at the wheel whilst driving and went off the road onto a rail track and struck a train causing ten deaths. Found guilty of dangerous driving

Question 13

Is the test for dangerous driving subjective or objective?

Answer 13

objective. It does not take into account the experience and skills-therefore a learner driver will be judged like an experienced one.

Question 14

What is the criteria of causing death by careless or inconsiderate driving?

Answer 14

S2B RTA 1988…by driving a mechanically propelled vehicle on a road or public place without due care and attention or without reasonable consideration for other persons using the road or place.
S3ZA(2) the standard falls below what would be expected of a competent and careful driver.
S3ZA(4) they are regarded as driving without reasonable consideration if others are inconvenienced by their driving

Question 15

What happened to homosexual men during WW2?

Answer 15

Imprisoned In concentration camps, had to wear a pink triangle.
Denied compensation as homosexuality was illegal under sect 175 of the German penal code

Question 16

What was published in 1957 regarding homosexuality and Prostitution?

Answer 16

The Wolfenden report. It highlighted that the criminal law was there to preserve public order and decency, protect the citizens from offensive or injuries and safeguard against exploitation and corruption. However, there should be an area of private morality that is not the laws business.

Question 17

What were the facts of Knuller ( publishing, printing and promotions) Ltd v DPP [ 1973] AC 435

Answer 17

Publication of a contact magazine for homosexual men.
Publisher was prosecuted under common law offence of conspiring to outrage public decency
It showed that although certain conduct was de criminalised didn’t mean it was lawful and accepted

Question 18

What change was enacted in the Criminal Justice and Public Order Act 1994?

Answer 18

The age of consent for homosexual activity between men in private was reduced to 18. This was due to a 1994 parliamentary free vote and this was the compromise
Still not equal to heterosexuals

Question 19

Why was the case of

Sutherland v UK [1998] EHRLR 177, 24 EHRR Cd 22 important?

Answer 19

He claimed he was being discriminated against on the basis of his sexuality, on the right to private and family life. Art 8 in conjunction with Art 14.
The court agreed.

Question 20

What did the SOA 200O do?

Answer 20

Following Sutherland, the age of consent was lowered to 16

However, it was still illegal unless in private.

Question 21

What Act of Parliament did ADT V UK ( 2001) 31 EHRR 33 start?

Answer 21

It argued in private was a breach of article 8 in conjunction with art 14
It did not change the law but the government addressed it by abolishing the acts of Buffett and gross indecency in the SOA 2003.