The 12 offences in AQA A-Level Criminal Law Flashcards
Murder - actus reus
The unlawful killing of a human being, within the King’s Peace
Murder - mens rea
“Malice aforethought”, meaning:
(1) Intention to kill, or
(2) Intention to cause GBH
Voluntary manslaughter - loss of control defence - requirements (3):
AR + MR for murder is made out, but:
(1) D has suffered a loss of control
(2) The loss of control came from a qualifying trigger
(3) An ordinary person of D’s sex and age might have reacted the same in the circumstances
Voluntary manslaughter - diminished responsibility - requirements (4):
AR + MR for murder is made out, but:
(1) D has an abnormality of mental functioning
(2) This arises from a medically recognised condition
(3) It substantially impairs D’s ability to (a) understand the nature of their conduct, (b) form a rational judgment or (c) exercise self-control
(4) It explains D’s actions in killing V
Gross negligence manslaughter - requirements (5)
(1) D owes V a duty of care
(2) D breaches that duty
(3) The breach creates a serious and obvious risk of death
(4) The breach causes death
(5) The whole act is negligent enough to amount to gross negligence
Unlawful act manslaughter - requirements (4)
(1) D commits a crime
(2) D has the mens rea for this crime
(3) D’s act is dangerous
(4) D’s act causes someone to die
Assault - actus reus
An act which causes the victim to apprehend immediate, unlawful force
Assault - mens rea
Intention or recklessness
Battery - actus reus
Applying unlawful force to another
Battery - mens rea
Intention or recklessness
s47 Assault occasioning ABH - actus reus
An assault or battery, which leads to bodily harm which is “more than transient or trifling”
s47 Assault occasioning ABH - mens rea
Intention or recklessness about committing an assault or battery (not about causing harm)
s20 Assault occasioning GBH - actus reus
An assault or battery which leads to “really serious” harm
s20 Assault occasioning GBH - mens rea
Intention or recklessness about causing SOME HARM (not about causing grievous bodily harm)
s18 Wounding or causing GBH with intent - actus reus
An act which wounds or causes really serious harm to a person
s18 Wounding or causing GBH with intent - mens rea
(1) Intention to cause GBH
(2) Intention to resist arrest
Theft - full definition (5 elements)
(1) Dishonestly (2) appropriating (3) property (4) belonging to another, (5) with the intention of permanently depriving that other of it
Theft - actus reus (3 elements)
(1) Appropriating (2) property (3) belonging to another
Theft - mens rea (2 elements)
(1) Dishonesty (2) The intention to permanently deprive the person of their property
Robbery - actus reus
A theft involving the use of force, which is:
(1) Immediately before or during the theft, and
(2) In order to commit the theft
Robbery - mens rea
The mens rea for theft is established, + the intention to use force
