law exam Flashcards
what are the aims of sentencing
punishment, deterrence (individual and general), rehabilitation, protection of society, and reparation.
what are aggravating factors
circumstances that make a crime more serious or severe. e.g premeditation, the use of violence, the presence of a weapon, or the impact of the crime on the victim or community.
what are mitigating factors
circumstances that may lessen the severity of a crime or the culpability of the offender, e.g the offender’s lack of prior criminal record, their age, mental health issues, or evidence of remorse.
what are key features of custodial sentences
must be ‘so serious’ to be justified (CJA 2003); sentencing council sets guidelines on appropriate lengths. those 21 and above are sentenced to custody and prison, while those aged 21 and below are sent to detention at a young offenders institute; Sentences can be immediate for life (e.g., murder) or for a set period of months/years (e.g., 6 months for an assault) or can be suspended.
what are options of community orders
must be ‘serious enough to be justified’ (CJA 2003); offender may also be required to pay a fine (up to £5k in mags) going towards govt or compensation; offender may be given an absolute or conditional discharge, meaning as long as they don’t reoffend within that time, there’s no further punishment.
what is the brinks mat trial associated with
nobbling
What case is associated with the concept of Contempt of Court
r v frail
Which case is related to the concept of Jury Equity
r v owen
What is the purpose of the Jury Central Summoning bureau
to summon potential jurors to jury service
What are the qualifications to be eligible for jury service in the UK
Must be 18-75 years old, registered to vote, residing near the court, and have been living in the UK for at least 5 years since the age of 13.
What are some reasons for disqualification from jury service
having certain criminal convictions, being a member of the armed forces, or having a lack of understanding of English.
what are some advantages of juries
secrecy, public confidence, diversity
what are some disadvantages of juries
lack of understanding, bias/media influence, cost
what is the role of jury in a trial
jury listens to the evidence and decides the facts of the case.
what is the importance of jury deliberations
confidential and secret, allowing the jurors to discuss the case freely.
how is verdict decided
unanimously or by a majority decision of the jury.
what happens if jury cannot reach a verdict
considered a hung jury, and the case will be retried with a different jury.
What are the potential consequences of discussing jury room details outside of court
discussing jury room details outside of court can lead to punishment under the Contempt of Court Act 1981.
what is the factual test for causation
but for test
what is the legal test for causation
significant contribution test
What is the concept of ‘operating and substantial cause’ in causation
‘Operating and substantial cause’ refers to the cause that has the most significant impact in bringing about the result.
What is Novus Actus Interveniens in causation
Novus Actus Interveniens refers to a new intervening act that breaks the chain of causation.
What is the Thin Skull rule in causation
The Thin Skull rule states that the defendant must take their victim as they find them, including any pre-existing vulnerabilities.
Can a failure to act be considered a cause in causation
Yes, a failure to act can be considered a cause in causation.
Are there any exceptions to causation created by judges
Yes, judges have created exceptions to causation based on contractual duty, statutory duty, duty because of a relationship, duty taken voluntarily, and duty through one’s official position.
- What does the Contemporaneity rule (Coincidence) require for a crime to occur?
The Contemporaneity rule requires the actus reus (AR) and mens rea (MR) to coincide.
- How does the law adapt to secure convictions, especially in specific circumstances?
The law takes a flexible approach to the general rule to secure convictions by adapting to specific circumstances
- Provide an example of a continuing act in the context of some crimes.
Fagan’s case is an example, where he parked on a policeman’s foot and refused to move, illustrating a continuing act.
What concept does the Thabo Meli case illustrate regarding crimes?
Thabo Meli demonstrates the concept of crimes occurring through a series of linked transactions.
- Explain the principle of Transferred Malice using an example.
Transferred Malice, as in Latimer, allows a person to be guilty if the AR is committed with the MR aimed at someone other than the victim.
- What is the primary characteristic of Strict Liability offenses?
Strict Liability offenses only require the actus reus (AR) for an individual to be held liable
- Give examples of public situation crimes that often involve Strict liability
Motoring offenses and health violations are common examples of public situation crimes that fall under strict liability.
- In which case did an exception to typical strict liability cases occur?
An exception occurred in Gammon v AG Hong Kong, deviating from the typical strict liability scenario.
- What legal principle does Sweet v Parsley establish regarding unclear strict liability crimes?
Sweet v Parsley establishes the legal principle that if it’s unclear whether a crime is strict liability, then it will not be.
- What are the advantages of Strict Liability offenses in terms of legal proceedings?
: Strict Liability offenses are advantageous as they are quick to prove and often don’t require extensive court involvement.
- How does Strict Liability promote high standards, as seen in Callow v Tillstone?
Strict Liability, as seen in Callow v Tillstone, promotes high standards by eliminating excuses for non-compliance.
- Provide an example illustrating unfairness in the context of Strict Liability (Harrow v Shah).
Harrow v Shah highlights unfairness when trained staff act opposite to instructions, selling a lottery ticket to an underage person
- Are Strict Liability crimes ever considered real/moral crimes, and how are they created?
: Strict Liability crimes are never considered real/moral crimes and are always created by parliament, not judges.
- Who is responsible for creating Strict Liability crimes – judges or parliament?
: Strict Liability crimes are always created by parliament, not judges.
- What alternative methods are suggested to ensure compliance besides Strict Liability?
Alternatives like education are suggested as better ways to ensure compliance rather than relying solely on Strict Liability.
What is the actus reus for the offense of assault?
To cause the victim to fear imminent, unlawful harm.
Which source defines the offense of battery?
: The Criminal Justice Act 1988
What is the mens rea for the offense of ABH (Actual Bodily Harm)?
Intention or recklessness.
Which act defines the offense of reckless GBH/wounding?
: The Offences Against the Person Act 1861.
What is the actus reus for the offense of intentional GBH/wounding?
.
: To wound or inflict GBH (grievous bodily harm).
