General Flashcards
What elements must D establish to assert diminished responsibility?
- Abnormality of mental functioning
- Arising from recognised medical condition
- Which substantially impairs D’s ability to:
- Understand the nature of their conduct;
- form rational judgment; or
- exercise self-control.
- Abnormality must be linked/provide explanation to the killing.
What are the elements of unlawful act manslaughter?
This is a kind of involuntary manslaughter.
Unlawful act manslaughter arises when a person kills another while committing a criminal offence that carries an objective risk to the victim.
The requirements are that the act (1) was unlawful, (2) was deliberate, (3) carried the risk of some harm, and (4) caused the death of the victim.
What is the partial defence of loss of control?
Loss of control is a partial defence to a murder charge that is available if the defendant can show he acted from a loss of self-control caused by a trigger such as a fear of serious violence or things said or done that would cause the defendant to have a justifiable sense of being wronged and would cause a hypothetical person of the defendant’s age and sex to react in the same way.
Successfully pleading loss of control would reduce the conviction to voluntary manslaughter.
How is indirect/oblique intention established?
Where a defendant intended a result where the offence was a virtually certain consequence of his conduct and he realised that it was.
What are the elements of aggravated burglary?
A defendant is guilty of aggravated burglary if he commits any burglary and at the time has with him any weapon, imitation firearm, or explosive. An offender must have the weapon when he enters the building; it cannot be something he picks up whilst inside.
What are the elements of robbery?
Robbery requires a theft of property accompanied by the defendant’s use of force or threat of the use of force immediately before or at the same time as the theft to facilitate the theft.
What are the elements of burglary?
Burglary is committed when a person enters a building or part of a building as a trespasser with intent to commit theft, grievous bodily harm, or criminal damage.
**NOTE - burglary takes place at the time of entry, regardless of whether D has managed to take/cause harm/commit criminal damage
What is the definition of theft?
The dishonest appropriation of property belonging to another with intention to permanently deprive.
What is the definition of actual bodily harm?
Actual bodily harm is an injury that is more than ‘merely transient and trifling’. Although there is no precise definition of actual bodily harm in statute, courts have found that bruising is sufficient
How is joint enterprise liability established?
TWO elements:
AR - Did the defendant assist or encourage the commission of the crime?
MR - In this assistance or encouragement, did the defendant act with the requisite mental element of that offence?
Eg. For murder, the mens rea is an intention to kill or cause serious harm. Therefore, a co-Defendant will be liable under joint enterprise only if he intended to assist or encourage in killing or committing serious harm.
Eg. For theft. A defendant encourages the principal to take another person’s bicycle and then return it after use but the principal in fact keeps the bicycle. In this scenario the principal will be guilty of theft but the defendant will only be guilty of the lesser offence of unauthorised taking because he has not encouraged the principal to act with the intent to permanently deprive (the mens rea of theft)
What is the definition of fraud by false representation?
A defendant commits fraud by false representation when the defendant makes a false representation dishonestly knowing that the representation was or might be untrue or misleading with intent to make a gain for himself or another, to cause loss to another, or to expose another to risk of loss.
What is the definition of criminal damage?
Criminal damage to property arises when a person destroys or damages property belonging to another, either intending or being reckless as to whether that property is destroyed or damaged, and does so without a lawful excuse.
What is the definition of fraud by abuse of position?
A defendant commits fraud by abuse of position when she abuses her position in which she is expected to safeguard the financial interests of another.
The Defendant must have intended to use their position by making a gain or causing loss dishonestly.
What is the definition of arson?
Arson is committed where the defendant intentionally or recklessly causes damage to another’s property and that damage is caused by fire.
When is rubbish deemed to be abandoned?
Rubbish that has been thrown away continues to belong to the original owner until it is collected by the rubbish collection company, at which point it belongs to the rubbish collection company.
What is the definition of s18 offence?
AR: To wound or cause grievous bodily harm. A wound requires that both layers of the skin are broken.
MR: Intention to cause GBH
What is the definition of conspiracy?
AR: To make an agreement between two or more parties to do something that is criminal.
MR: To intend to form the agreement. Intend or know that all parts of the criminal act will be completed.
For a person to be guilty of a conspiracy, she must have entered an agreement to commit a crime and intend for all parts of that crime to be completed.
What is the offence of assisting?
Assisting an offence occurs where the defendant does an act capable of assisting another to commit an offence and wanting that offence to be committed.
What is the test for gross negligence manslaughter?
There must be a breach of a duty of care that caused the victim’s death, with the breach carrying a serious and obvious risk of death and being so bad as to be criminally culpable.
What is the doctrine of transferred malice?
Under the doctrine of transferred malice, when a defendant intends to commit an offence but inadvertently commits it against a different victim, the mens rea can be transferred from the intended victim to the actual victim (as long as the offence committed is of the same type as the one intended)
What is the evidential burden?
To rely on certain evidence/raise a defence, the Defence must produce evidence to raise the defence before the court. That is called the evidential burden. D must raise the evidential burden on the balance of probabilities.
Once this has been raised, the P has burden of disproving it beyond reasnbl doubt
What is concurrence?
The co-existence of the elements of the offence at the same time.
In what 5 circumstances can D be liable for an omission?
- When there is a special relationship between the defendant and victim.
- When the defendant has voluntarily assumed a duty of care.
- When the defendant owes a contractual duty.
- When the defendant creates a dangerous situation
- When a statute so provides.
