Ht1

Question 1

Define crime

Answer 1

An act forbidden by the date with a punishment

Question 2

List the criminal courts least to most serious

Answer 2

1. Magistrates court
2. Crown court
3. Court of appeal
4. Supreme Court
5. European court of human rights

Question 3

List the 3 types of offences heard in court least to most serious

Answer 3

1. Summary offence
2. Either way triable
3. Indictable offence

Question 4

Define appeal

Answer 4

Re-examine a decision

Question 5

Who can appeal

Answer 5

1. Prosecution appeal
2. Defendant appeal

Question 6

Prosecution appeal- list the 2 things a prosecution can appeal

Answer 6

1. Against a judge ruling
2. Against acquittal

Question 7

Defendant appeal- list the 3 things a court can do if a conviction is unsafe

Answer 7

1. Quash the conviction
2. Lower the sentence
3. Vary the conviction to a lower one

Question 8

Define Actus reus

Answer 8

The physical act of a crime

Question 9

Define men’s rea

Answer 9

The thought/intention of a crime

Question 10

List the 4 things actus reus consists of

Answer 10

1. Conduct
2. Consequence
3. State of affairs
4. Omission

Question 11

List conduct crimes

Answer 11

Theft
Rape
Perjury

Question 12

List consequence crimes

Answer 12

Murder
Manslaughter
ABH
GBH

Question 13

List a state of affair crime

Answer 13

Drunk while driving

Question 14

Define automatism

Answer 14

Automatism – an act done by the muscles without the control of the mind for example a muscle spasm or a reflex

Question 15

Define duress

Answer 15

Duress – being under duress means to be influenced by someone else, this might be through a threat of violence

Question 16

List the 6 ways omission is sufficient for actus reus

Answer 16

• Statutory duty
• Contractual duty
• Duty because of a relationship
• Duty which has been taken on voluntarily
• Duty through an official position
• Duty arises because the defendant has set in action a chain of events

Question 17

List the key case for each omission duty

Answer 17

1. Contractual duty - R V Pitwwood
2. Duty through relationship- R V Gibson and Proctor
3. Duty taken voluntarily- R V Evans
4. Duty through official position- R V Dytham
5. Duty through chain of events - R V Miller

Question 18

Define causation

Answer 18

Causation is the link between the defendants act (or omission) and the outcome – the harm or damage to the victim

Question 19

List the 2 types of causation

Answer 19

1.factual causation
2. Legal causation

Question 20

What test is used for factual causation and name a key case for the test

Answer 20

But for test
R V White

Question 21

List the 4 rules of legal causation

Answer 21

1. Culpable act
2. Sole cause
3. No intervening act
4. Thin skull rule

Question 22

List the key cases for culpable act , sole cause and thin skull rule

Answer 22

Culpable act - R C Dollway
Sole cause - R V Benge
Thin skull - R V Hayward

Question 23

Define thin skull rule

Answer 23

Under the thin skull rule, the defendant must take
his victim as he finds him. This means if he has a particularly vulnerable victim he is fully liable for
the consequences to them even if an ordinary
person would not have suffered such severe consequences.

Question 24

List the 3 types of men’s rea lest to most serious

Answer 24

1. Negligence
2. Recklessness
3. Intention

Question 25

List the 2 types of intention

Answer 25

Direct intent
Oblique intent

Question 26

Define direct intent

Answer 26

the type of intention where it is D’s aim or purpose, or desire, to do something or to cause a certain result.

Question 27

Define oblique intent

Answer 27

Where it is not D’s aim to bring about a prohibited result but forces the result due to his actions.

Question 28

List the 2 types of recklessness

Answer 28

Subjective
Objective

Question 29

Define subjective recklessness

Answer 29

Looks at how the defendant reacted

Question 30

Define objective recklessness

Answer 30

Looks at how a resolvable person would of reacted

Question 31

Define transferred malice

Answer 31

the situation where a person intends to commit a crime against one person, but actually ends up harming a different person instead.