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Criminal Law > mock Section B > Flashcards

mock Section B Flashcards

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1
Q

What is intoxication?

A

To consider intoxication as a defence it has to be shown that d was so intoxicated by the substance that they couldn’t form the necessary mens rea for the offence

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2
Q

Intoxication- what does the d being found guilty or not depend on?

A

Voluntary or involuntary, and whether it was basic or specific intent

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3
Q

Intoxication- what is meant by basic and specific intent

A

Intent- the intent is the necessary mens rea
Basic- recklessness as part of the mens rea

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4
Q

What is voluntary intoxication?

A

D has chosen to take an intoxicating substance

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5
Q

What does voluntary intoxication negate?

A

Negates(cancels) specific intent reducing it to basic intent

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6
Q

What is the test for voluntary intoxication? What case does it come from?

A

Beard, ‘if d was so drunk that he was incapable of forming the intent required, he could not be convicted of a crime which was committed only if the intent was proved’

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7
Q

voluntary intoxication- can defendant still have necessary mens rea if intoxicated? What case is this seen in

A

A drunken intent is still intent- northern ireland v ghallegar

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8
Q

Voluntary intoxication- why isnt intoxication a defence for basic intent crimes? What case is this seen in?

A

Becoming intoxicated voluntary is enough to constitute to the necessary mens rea of recklessness, seen in Majewski

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9
Q

What is involuntary intoxication?

A

D didnt no they were taking the intoxicated substance- spiking, unexpected side effects of prescribed drugs

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10
Q

What can d argue if they were involuntary intoxicated?

A

They had no necessary mens rea for basic or specific crimes

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11
Q

Can prosecution still prove d guilty even if involuntary intoxicated? What case is this seen in?

A

R v kingston- pedo tendancies - if prosecution can prove mens rea before intoxication occurred, d can be guilty

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12
Q

Can involuntary intoxication be a defence for basic crimes

A

Yes because dft may not of been reckless, seen in the case hardle

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13
Q

What is intoxicated mistake?

A

D may be mistaken for a key fact because they are intoxicated, it depends on what the mistake is about as to whether its a defence

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14
Q

Intoxicated mistake- when is it not available? What case

A

Not available when dft is mistaken on another aspect such as how much force can be applied for self defence- o grady,hatton

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15
Q

What is the definition of theft? What act is it under

A

S1 of the theft act 1968-‘You are guilty of theft if you have dishonestly appropriated property belonging to another with the intention to permanently deprive’

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16
Q

What is the actus reus of theft? What sections are they in the theft act?

A

Appropriate(s3)
Property(s4)
Belonging to another(s5)

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17
Q

What is the mens rea for theft? What section of the theft act are they under?

A

Dishonesty(s1)
Intention to permanently deprive(s6)

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18
Q

Theft- what is meant by appropriation(s3)?

A

Assuming the rights of the owner

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19
Q

Theft- what cases support appropriation?

A

R v Morris- switched price labels
Lawrence- told student more money to go on train than it actually was
Hinks- carer persuaded man to pay money into his bank

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20
Q

Theft- what is meant by property(s4)

A

Property includes money and all other property, real or personal

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21
Q

Theft- What is meant by real property? What sections support?

A

Real- a person cant steal land or things forming part of a land except in following cases:
S2(a) ownership rights transfered
S2(b) things forming part of
S2(c) tenant can be guilty if they move fixtures

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22
Q

Theft- what is meant by personal property? What case supports?

A

Moveable items such as jewellery or clothing
R v kelly- body parts from lab

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23
Q

Theft- What is meant by things in action in regards to property?

A

A right which can be enforced against another person by taking legal action eg a cheque

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24
Q

Theft- what is meant by intangible property? What case supports ?

A

No physical existence- oxford v moss

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25
Q

Theft- what things cannot be stolen?

A

S4(3) plants in the wild
S4(4) wild animals

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26
Q

Theft- what is meant by ‘belonging to another’ (s5)

A

Property will be regarded as belonging to any other person having professional control over it

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27
Q

Theft- What is meant by dishonesty?

A

Whether appropriation is made with a view to gain, or is made for thiefs own beliefs

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28
Q

Theft- what behaviour is not dishonest?

A
  • if they honestly believe they had a legal right to property
  • honestly believe they would have consent to taking
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29
Q

Theft- what is meant by intention to permanently deprive(s6)

A

Disposing of property regardless of others rights

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30
Q

What is robbery? What section and act is it under?

A

S8 of the theft act 1968- form of aggravated theft in that involves the offence of theft and force of threat

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31
Q

When is a person guilty for robbery?

A

If he steals and immediately or at the time of doing so uses force on any person or seeks to put any person in fear of being there and then objected to force

32
Q

What is the AR of robbery? Use cases

A

Complete Theft- r v waters
Use of force or threat of force- dawson and james
Immediately before or at the time of stealing

33
Q

What is the mens rea of robbery?

A

Dishonesty, intention to permanently deprive

34
Q

What are the 2 separate sections for burglary?

A

Section 9(1)(a)- entering as trespasser with intention to to commit theft,gbh
section 9(1)(b)- entering as a tresspasser, stealing or inflicting or attempting to inflict gbh

35
Q

Burglary- what is meant by any building or part of a building? What case is this found in?

A

Fairly permanent structure - leathley

36
Q

Burglary- What case was ‘entry’ described in?

A

R v brown

37
Q

Burglary- what must prosecutors prove about trespassers, what case supports this?

A

Prove that d knew they were tresspassing, or individual may have permission but may go beyond that permission
R v jones

38
Q

What is the definition of murder, who was it made by?

A

Lord coke- murder is the unlawful killing of a reasonable person under the kings peace with malice aforethought express or implied

39
Q

What is the ar and mr of murder?

A

unlawful killing- ar
Under kings peace- ar
Malice aforethought- mr
Express or implied- mr

40
Q

What is meant by malice aforethought?

A

Something you thought of before you did it

41
Q

Murder -What is meant by express or implied?

A

express- intention to kill
Implied- intention to cause gbh

42
Q

What is meant by an unlawful killing?

A

An act or omission causing the death of the v, (r v gibbons)

43
Q

What is meant by reasonable person in being? What case supports

A

Child has to have an independent existence, expelled from body and independent blood circulation, attorney general reference(preg girlfriend stabbed)
Brain dead, docs can turn off life support

44
Q

what are the 2 types of causation, with cases for each

A

Factual- r v pagett
Legal- r v smith

45
Q

What is voluntary manslaughter?

A

Verdict when defendant has a partial defence to murder due to diminished responsibility or loss of control

46
Q

What is diminished responsibility?

A

Partial defence to a charge of murder which reduces offence to one of voluntary manslaughter

47
Q

What is the test for diminished responsibility?

A

D is suffering from an abnormality of mental functioning which
A)arose from a recognised medical condition
B)substantially impaired defendants ability to do one of the following:
i)understand nature of his conduct
ii)form a rational judgment
iii)exercise self control
C) provide an explanation for ds act or omission

48
Q

What case did abnormality of mental functioning which arose from a recognised medical condition come from?

A

R v bryne- kidnapped girl from hostel, mutated her body

49
Q

when can diminished responsibility be a defence for intoxication?

A

ADS syndrome

50
Q

What act and section is loss of control found under?

A

S54(1) of coroners and justice act 2009

51
Q

In regards to loss of control, when can it become a defence for murder?

A

1) act or omission resulted from a loss of control
2) loss of control had a qualifying trigger
3) a person of ds age and sex would respond in a similar way

52
Q

What was introduced in the case of aluhalia?

A

Slow burn effect

53
Q

What is involuntary manslaughter?

A

Unlawful killing where d doesnt have intention, either direct or oblique to kill or cause gbh

54
Q

What are the 2 types of involuntary manslaughter?

A

Unlawful act manslaughter and gross negligence manslaughter

55
Q

What is gross negligence manslaughter?

A

When a person dies as a result of negligence and the degree is sufficiently serious

56
Q

What are the 3 elements to gross negligence manslaughter?

A

1) duty of care
2) duty must be breached
3) negligence was a substantial cause of death

57
Q

What is the key case for gross negligence manslaughter?

A

Adomako- d was conducted an op and v o2 tube disconnected, d failed to notice and was convicted of gross negligence manslaughter

58
Q

What are the elements of unlawful act manslaughter?

A

1)D must do an act
2)act must be dangerous
3)act must be substantial cause of death
4) d must have required mens rea

59
Q

What is the mens rea for unlawful act manslaughter?

A

D must have intended to do an unlawful act, a civil wrong isnt enough, but no intention to kill or cause gbh

60
Q

What is the hierarchy of non fatal offences

A

Assault,battery,abh,gbh s18, wounding s18, gbh s20, wounding s20

61
Q

What is an assault?

A

An act which causes v to apprehend immediate unlawful force or recklessness as to whether such fear is caused

62
Q

What are the elements of assault?

A

An act, apprehension of immediate unlawful violence, unlawful use of force

63
Q

What is the mens rea for assault?

A

Intention to cause v to apprehend immediate unlawful violence or being reckless as to whether such apprehension is caused

64
Q

What is battery?

A

Unlawful application of force by d

65
Q

What are the 4 types of battery?

A

Direct, indirect, continuing act, an omission

66
Q

What is direct and indirect battery?

A

Direct- ar of battery is application of unlawful force- even the slightest touch
Indirect- d causes force to be applied without actually touching them

67
Q

What is a continuing act and omission in relation to battery?

A

Continuing act- battery can be committed through a continuing act
Omission- rare but seen in santa bermudez

68
Q

What does abh come under? Act and section?

A

Offences against a person 1861 s47

69
Q

What is abh?

A

An assault or battery that causes actual bodily harm

70
Q

What are the elements of abh?

A

Common assault, occasioning, abh

71
Q

what is gbh s20?

A

Unlawfully or maliciously wound or inflict gbh on another with or without a weapon should be guilty of an offence

72
Q

What are the key elements of gbh s20?

A

Unlawful act,causation(infliction), gbh

73
Q

What is the mens rea of s20? Case to support

A

Maliciously- found in Cunningham, recklessness

74
Q

What imprisonment can you get in s20 and s18 of gbh?

A

S20- 5 years imprisonment
S18- life imprisonment

75
Q

What is s18 gbh

A

causing gbh as stated in s20 but with intention

76
Q

What is the ar of gbh?

A

Gbh or wounding, same as s20

77
Q

Mens rea of s18 gbh

A

Specific intent offence- recklessness is not enough

Criminal Law (6 decks)

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