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Criminal Law > TB1 > Flashcards

TB1 Flashcards

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1
Q

(Actus Reus) What is actus reus?

A

A guilty act - the physical actions required by a crime

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2
Q

(Actus Reus) What is the general rule for failing to act?

A

There is no criminal liability for failing to act

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3
Q

(Actus Reus) What are the 6 exceptions to the rule for failing to act?

A

Special relationships e.g parents and children
Voluntarily assuming responsibility
Contractual duty
Public office e.g police officers, government officials
Creating a dangerous situation
Statutory duty

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4
Q

(Actus Reus) What are the 3 stages of causation?

A

D’s actions were the factual cause of the unlawful result
D’s actions were the legal cause of the unlawful result
There was no intervening act that broke the chain of causation

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5
Q

(Actus Reus) What is the ‘Thin Skull’ rule?

A

You must take your victim as you find them - if the victim has pre-existing conditions which make them more susceptible to harm or injury, this doesn’t break the chain of causation

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6
Q

(Mens Rea) What is Mens Rea?

A

A guilty mind - the mental element required by a crime

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7
Q

(Mens Rea) What are the two main types of intention?

A

Direct intention

Oblique intention

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8
Q

(Mens Rea) What is direct intention?

A

A person who acts with the purpose of causing a specific result will have directly intended to cause the result

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9
Q

(Mens Rea) What is oblique intention?

A

The defendant’s aim may not be prohibited by law but to achieve that aim they will have to act in an unlawful way

If the defendant is ‘virtually certain’ that their actions will cause a certain result, and they are aware of this, they will likely have oblique intention

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10
Q

(Mens Rea) What is recklessness?

A

A defendant is reckless if they are aware of a risk and unreasonably take that risk

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11
Q

(Mens Rea) What is the doctrine of transferred malice?

A

If the defendant has the MR required to commit an offence against a person or property, but performs the act against a different person or property, the MR will be transferred

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12
Q

(Mens Rea) What are strict liability offences?

A

Offences that don’t require the MR to be proved in at least one element e.g speeding
Committed regardless of intention or recklessness

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13
Q

(Mens Rea) What are absolute liability offences?

A

Prosecution doesn’t have to prove MR at all e.g wrong place wrong time

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14
Q

(Murder and voluntary manslaughter) What is murder?

A

Common law offence
A person will be guilty of murder if they unlawfully kill another human being under the queens peace with the intention to kill or inflict GBH

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15
Q

(Murder and voluntary manslaughter) What are the AR elements of murder?

A

Unlawful
Killing
Human being
Under the queens peace

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16
Q

(Murder and voluntary manslaughter) What is under the queens peace?

A

Not in a war situation

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17
Q

(Murder and voluntary manslaughter) What is not legally considered to be a human being?

A

Foetuses / unborn children

If a foetus is born prematurely after an attack and then dies it is then classed as a human being

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18
Q

(Murder and voluntary manslaughter) What is the MR of murder?

A

Malice aforethought

An intention to kill or cause GBH

19
Q

(Murder and voluntary manslaughter) What is voluntary manslaughter?

A

Performed the AR for murder

Successfully plead one of the 4 partial defences which reduce liability

20
Q

(Murder and voluntary manslaughter) What are the 4 partial defences for voluntary manslaughter?

A

Loss of control
Diminished responsibility
Infanticide
Suicide pact

21
Q

(Murder and voluntary manslaughter) What is loss of control?

A

Section 54 of the Coroners and Justice Act 2009
A person wont be convicted of murder if they lost all self control, had a qualifying trigger and a similar person would act similarly in the same circumstances

22
Q

(Murder and voluntary manslaughter) What are the qualifying triggers for loss of control?

A

Fear trigger - present when defendant fears subjection to serious violence
Anger trigger - defendants loss of control is attributable to circumstances of an extremely grave character

23
Q

(Murder and voluntary manslaughter) What is diminished responsibility?

A

Homicide Act 1957
Not guilty of murder if suffering from an abnormality of mental functioning arising from a recognised condition which impaired the defendants ability and provides an explanation for their actions

24
Q

(Involuntary manslaughter) What are the 4 main types of involuntary manslaughter?

A

Unlawful act manslaughter
Gross negligence manslaughter
Reckless manslaughter
Corporate manslaughter

25
Q

(Involuntary manslaughter) What is unlawful act manslaughter?

A

When D kills victim via an unlawful act

D must do an act that is unlawful, dangerous and causes the death of the victim

26
Q

(Involuntary manslaughter) What are the types of UAM in drugs cases?

A

Where D administers drugs to V - will be convicted

Where D supplies V with drugs but V takes them themselves - may be convicted

27
Q

(Involuntary manslaughter) What is gross negligence manslaughter?

A

D kills V through negligence

Fails to exercise the degree of care that a reasonable person would be expected to exercise in a duty situation

28
Q

(Involuntary manslaughter) What are the requirements for GNM?

A

D owed a duty of care
D breached the duty
The breach caused the death of V
Breach was grossly negligent

29
Q

(Non fatal OAP) What are the 4 non fatal offences that we are concerned with?

A

Assault
Battery
ABH
GBH

30
Q

(Non fatal OAP) What is assault?

A

Common law offence
S39 of the Criminal Justice Act 1988
‘Any act which intentionally or possibly recklessly causes another person to apprehend immediate unlawful violence’
Physical contact is not required - assault can be committed by words or silence in some situations

31
Q

(Non fatal OAP) What is battery?

A

Common law offence
S39 Criminal Justice Act 1988
‘intentionally or recklessly inflicting unlawful force upon another person’
D must at least touch V but there is no need for any violence or harm
Does not need to be a direct infliction of force

32
Q

(Non fatal OAP) What is assault occasioning actual bodily harm?

A

Statutory offence building on assault and battery
S47 OAPA
‘Whosoever shall be convicted on indictment for any assault occasioning actual bodily harm shall be liable to imprisonment for not more than 5 years’
V must experience harm but the harm does not need to be serious, permanent or physical harm - includes psychological harm

33
Q

(Non fatal OAP) What offences does section 20 OAPA 1861 create?

A

Wounding

Inflicting GBH

34
Q

(Non fatal OAP) What is wounding?

A

Breaking both the outer and inner layers of the skin

35
Q

(Non fatal OAP) What is inflicting GBH?

A

Committed when D causes GBH to the victim (serious harm)

No requirement for violence or a deliberate act

36
Q

(Non fatal OAP) What offence is in section 18 OAPA 1861?

A

Wounding or causing GBH with intent

37
Q

(Non fatal OAP) What is the difference between section 18 and section 20 of the OAPA 1861?

A

MR differences
S20 can be committed intentionally or recklessly - only has to cause ‘some harm’
S18 has to be committed when D intends to inflict GBH - much more serious
(You can also be convicted of S18 if you harm a police officer while resisting arrest

38
Q

(Non fatal OAP) Can consent be used as a defence to harm done in sports?

A

Yes

Only if the harm could be reasonably expected to happen in the sport e.g a broken nose in boxing

39
Q

(Non fatal OAP) Can consent be used as a defence to harm done in surgery?

A

Yes
Individuals can consent to wounding or GBH for the purposes of surgery, including gender reassignment and some cosmetic surgeries

40
Q

(Non fatal OAP) Can consent be used as a defence to harm done in body modification?

A

Sometimes
Yes - cutting hair, circumcision, piercings or tattoos if there is consent
No - extreme modification will lead to an offence e.g completely removing parts

41
Q

(Non fatal OAP) Can consent be used as a defence to harm done in lawful correction?

A

Yes

Only if it is ‘reasonable force’ used by parents / guardians against their children to punish bad behaviour

42
Q

(Non fatal OAP) Can consent be used as a defence to harm done in dangerous exhibitions?

A

Sometimes
Yes - circus events, knife throwing etc
No - street fights etc

43
Q

(Non fatal OAP) Can consent be used as a defence to harm done in rough horseplay?

A

Yes

If there is no intention to cause a serious injury

44
Q

(Non fatal OAP) Can consent be used as a defence to harm done in sexual gratification?

A

Sometimes

Consent cannot be given to gratification that extends beyond an assault or battery

Criminal Law (2 decks)

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