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FLK 2: Criminal Law > MR & AR of offences > Flashcards

MR & AR of offences Flashcards

1
Q

what is the AR for assault

A

AR: Causing victim to apprehend immediate & unlawful personal violence

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2
Q

what is the MR for assault

A

MR: Intentionally [aim] or recklessly [sees risk & unreasonable to take risk]

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3
Q

what is the AR for Battery

A

AR: Application of unlawful force

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4
Q

what is the MR for Battery

A

MR: Intentionally or recklessly

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5
Q

What is the AR for s47 OATP (and what is it)

A

It is ABH

AR: Assault (assault/battery AR) occasioning (causation) ABH

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6
Q

What is the MR for s47 OATP (and what is it)

A

S:47 = ABH
MR: Intentionally or recklessly [No MR required for ABH (just assault/battery]

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7
Q

What is the AR for s20 OATP (and what is it)

A

AR:
Wound (break in both layers of skin – injury need not be severe)
or
Infliction of GBH (no need for assault – causation; serious harm [age/health])

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8
Q

What is the MR for s20 OATP (and what is it)

A

MR: Intentionally or recklessly causes SOME harm [intended/foreseen]

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9
Q

What is the AR of s18 OATP (and what is it)

A

GBH with INTENT

AR: Wound/Infliction (causation) of GBH (serious harm)

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10
Q

What is the MR of s18 OATP (and what is it)

A

MR: Intention to cause GBH [intention to wound isn’t enough]

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11
Q

What is the MR for Murder

A

MR: with malice aforethought

Intention to kill (express malice)
Intention to cause serious harm (GBH) (implied malice)

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12
Q

What is the AR for Murder

A

AR: Unlawful killing of a human being under the Queen’s peace

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13
Q

What is the MR of voluntary manslaughter

A

MR: Intention to kill or intention to cause GBH

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14
Q

What is the AR of voluntary manslaughter

A

AR: unlawful killing of a human being under the queen’s peace

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15
Q

What is the AR of Involuntary Manslaughter

A

AR: unlawful killing of a human being under the Queen’s peace

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16
Q

what is the MR of involuntary manslaughter

A

MR: NO intention to kill or intention to cause GBH

17
Q

explain unlawful act manslaughter

A
  • D intentionally (voluntarily) did an ACT [which results in death of someone]
  • The act was unlawful
  • The unlawful act was dangerous
  • The unlawful act caused the death of the victim
18
Q

what is the AR of criminal damage/basic arson

A

AR: Destroy/damage property (arson = by fire) belonging to another (without lawful excuse)

19
Q

what is the MR of simple criminal damage/basic arson

A

MR: intentionally or recklessly destroying or damaging property belonging to another (arson = by fire)

20
Q

what is the MR of aggravated criminal damage/aggravated arson

A

MR:
Intention or recklessness as to damage/destruction (arson = by fire)
Intention or recklessness as to the endangerment of life by d/d (arson = by fire)

21
Q

What is the AR of Aggravated criminal damage/aggravated arson

A

AR: Destroy/damage (arson = by fire) property which belongs to D/another

22
Q

What is the MR of Theft

A

MR:
Dishonesty
Intention to permanently deprive [ordinary meaning]

23
Q

What is the AR of theft

A

AR: Appropriation of property belonging to another

24
Q

what is the AR of robbery

A

AR: Appropriation of property belonging to another + use/threat of force

25
Q

what is the MR of robbery

A

MR: Dishonesty + Intention to permanently deprive
& Intention to use force to steal

26
Q

what is the AR of Burgary - s(9)(1)(a)

A

AR: D ENTERS a building/part as a trespasser

27
Q

what is the MR of Burgary - s(9)(1)(a)

A

MR:
Knowing/being reckless as to entry as a trespasser

upon entry must:
* Steals/Intends to steal from building
* Intend to inflict GBH
* Intend criminal damage

28
Q

what is the AR of Burgary - s(9)(1)(b)

A

AR: D having ENTERED a building/part as a trespasser

29
Q

what is the MR of Burgary - s(9)(1)(b)

A

MR:
Knowing/being reckless as to entry as a trespasser (steal/attempt to steal; inflcited GBH/attempted)

30
Q

what is the AR of aggravated burglary

A

AR: Burglary AR + D has a firearm/imitation/weapon of offence/explosive when entering the building OR when committing/attempting theft/GBH

31
Q

what is the MR of aggravated burglary

A

MR: Dishonesty + Intention to permanently deprive

32
Q

what is the MR of fraud by false representation

A

Dishonesty (intention to make a gain/cause a loss; MR for the false statement)

33
Q

What is the AR of fraud by false representation

A

AR: Made a false representation

34
Q

what is the AR of Fraud by failing to disclose

A

AR: Existence of a legal duty to disclose + Failure to disclose info to another [f]

35
Q

what is the MR of fraud by failure to disclose

A

MR: Dishonesty + Intention to make a gain/cause a loss

36
Q

what is the AR of fraud by abuse of position

A

AR: Occupy a position + Abuse that position [use incorrectly/improper use]

37
Q

what is the MR of fraud by abuse of position

A

MR: Dishonesty + Intention to make a gain/cause a loss

FLK 2: Criminal Law (11 decks)

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