test Flashcards
What is the definition of Actus Reus?
The guilty act/conduct/state of affairs
Must be voluntary and can be an act, omission, or state of affairs.
What must voluntary acts be?
(Case example?)
Must be a voluntary, conscious action
Case: R v Larsonneur (1933) - D’s involuntary presence was sufficient for Actus Reus.
In what case did the court hold that the prosecution must prove Actus Reus beyond reasonable doubt?
R v Woolmington (1935)
Established the burden of proof on the prosecution.
Under what circumstances can a person be liable for omission?
Give two cases after explanation
Duty relationship exists, contractual duty, voluntary assumption of care, creation of dangerous situation, statutory duty
Examples include R v Gibbins & Proctor (1918) and R v Pittwood (1902).
What is the ‘But for’ test related to?
Factual causation
Case: R v White (1910) - Poisoning incident.
What defines legal causation?
Chain of causation
Case: R v Smith (1959) - Medical treatment must be palpably wrong to break the chain.
What is Direct Intent?
Purposely bringing about the result
Case: R v Mohan (1976) - The defendant acted with purpose.
What is Oblique Intent?
Foresight of virtual certainty
Case: R v Woollin (1999) - Death was a virtually certain consequence.
What constitutes Recklessness?
Awareness of risk but taking it anyway
Case: R v Cunningham (1957) - Example of subjective recklessness.
What is Transferred Malice?
Intent transfers from intended to actual victim
Case: R v Latimer (1886) - D aimed at one person but hit another.
What is the definition of Assault under the Criminal Justice Act 1988?
Causing victim to apprehend immediate unlawful personal violence
Case: R v Ireland (1997) - Silent telephone calls can constitute assault.
What is Battery?
Actual application of unlawful force, however slight
Case: Collins v Wilcock (1984) - Even minimal touching can be battery.
What is Assault Occasioning Actual Bodily Harm?
Assault/battery resulting in actual bodily harm
Case: R v Chan-Fook (1994) - Includes psychiatric injury.
What is the definition of Theft under the Theft Act 1968?
Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
Key elements include appropriation, property, belonging to another, dishonesty, and intention to permanently deprive.
What is required for Robbery under the Theft Act 1968?
Theft + force/threat of force immediately before or at time of theft
Case: R v Dawson & James (1976) - Force must be intentional.
What defines Burglary under the Theft Act 1968?
Entry as trespasser with intent to steal/inflict GBH/cause criminal damage
Defined in s.9(1)(a) and s.9(1)(b) of the Act.
What is the basic offense of Criminal Damage?
Destroying/damaging property without lawful excuse
Case: R v Whiteley (1991) - Temporary functional impairment is sufficient.
What is required for Self-Defense?
Honest belief in need for defense and reasonable force
Case: R v Williams (1987) - Honest but mistaken belief is permissible.
What are the requirements for Duress?
Threat of death/serious injury, threat to D or another, no reasonable alternative, not voluntarily exposing self to threat
Case: R v Hasan (2005) - Must have no realistic alternative.
What is the definition of Murder?
Unlawful killing with malice aforethought
Case: R v Moloney (1985) - Intent includes foresight of virtual certainty.
What constitutes Voluntary Manslaughter under Diminished Responsibility?
Abnormality of mental functioning from recognized medical condition, substantially impaired ability to understand, form rational judgment, or exercise self-control
Case: R v Byrne (1960) - Established abnormality of mind.
What is required for Involuntary Manslaughter?
Unlawful act, dangerous (risk of some harm), causing death
Case: R v Church (1966) - Act must be objectively dangerous.
What are the elements of Rape under the Sexual Offences Act 2003?
Intentional penetration, victim does not consent, D does not reasonably believe in consent
Case: R v Konzani (2005) - Non-disclosure of HIV status is relevant.
What defines Consent under s.74 of the Sexual Offences Act?
Free agreement with
Important for determining validity of consent in sexual offenses.
What does ‘D does not reasonably believe in consent’ refer to?
It refers to the lack of a reasonable belief by the defendant in the consent of the victim.
What was the case R v Konzani (2005) about?
It involved an HIV positive defendant not disclosing his status to the victim.
What does R v Dougal (2005) establish regarding consent?
It establishes that drunken consent can be valid consent.
What are the elements of Sexual Assault under s.3 of the Sexual Offences Act 2003?
- Intentional touching
- Sexual nature
- Victim does not consent
- D does not reasonably believe in consent
What did the case R v H (2005) clarify about touching?
It clarified that the touching must be sexual.
How is consent defined under s.74?
Consent is defined as free agreement with capacity and freedom.
What are the presumptions regarding consent under s.75?
- Violence
- Threat
- Detention
- Unconsciousness
- Disability
What was the significance of R v Bree (2007)?
It addressed voluntary intoxication and capacity to consent.
What are the conclusive presumptions under s.76?
- Deception as to nature/purpose of act
- Impersonating known person
What did the case R v Jheeta (2007) involve?
It involved deception about circumstances related to consent.
