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Law A-Level > Unit 2 - Rules of Criminal Law, Theory in Criminal Law, General Elements of Liability, Fatal Offences against the Person > Flashcards

Unit 2 - Rules of Criminal Law, Theory in Criminal Law, General Elements of Liability, Fatal Offences against the Person Flashcards

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1
Q

What are the two requirements for a crime?

A

The act must be prohibited by the state and punishable by the state.

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2
Q

Are most new crimes decided by Parliament or by common law?

A

Parliament

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3
Q

Case - example of a new crime being created by common law in recent history

A

R v R (1991) - marital rape

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4
Q

What is paternalism?

A

The belief that the state is justified in protecting individuals from harm.

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5
Q

What is legal moralism?

A

The idea that immoral conduct is criminalised for better social cohesion.

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6
Q

What is fair labelling?

A

The principle that crimes should be defined to reflect their wrongness and severity.

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7
Q

What is correspondence?

A

The principle that the result the defendant intends or foresees should match the result that occurs.

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8
Q

What is maximum certainty?

A

The principle that decisions are made according to legal rules

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9
Q

What two elements are common to most crimes?

A

Actus reus and mens rea - guilty act and guilty mind.

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10
Q

What is the standard of proof in criminal law?

A

“Beyond all reasonable doubt”

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11
Q

Case - shows that actus reus must be voluntary

A

Hill v Baxter (1958) - bees

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12
Q

Case - shows that failure to act may sometimes be an actus reus if there is a duty to act or a special relationship

A

R v Gibbons & Proctor (1918) - starved child

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13
Q

What two types of causation are required for an actus reus to be proven?

A

Factual and legal causation

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14
Q

What is the Latin term for a new act occurring which may break the chain of causation?

A

Novus actus interveniens

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15
Q

Case - example of a potential act breaking the chain of causation

A

R v Roberts (1971) - jump from car to avoid sexual assault

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16
Q

What are the three types of mens rea required?

A

Direct intent, oblique intent and subjective recklessness/basic intent

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17
Q

What is direct intent?

A

The highest level of mens rea - the actus reus was D’s aim and purpose

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18
Q

Case - example of direct intent not being proven

A

R v Mohan (1976) - run over police

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19
Q

What is oblique intent?

A

The consequence is virtually certain AND D is aware of it

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20
Q

Case - example of oblique intent

A

R v Woollin (1998) - child fractured skull

21
Q

What is subjective recklessness?

A

D appreciates the risk and continues. Also known as basic intent.

22
Q

Case - subjective recklessness not proven

A

R v Cunningham (1957) - gas meter theft

23
Q

What is a strict liability crime?

A

A crime with no mens rea.

24
Q

Why might a crime be designated as strict liability?

A

In order to regulate society and protect the vulnerable.

25
Q

Case - example of strict liability crime

A

Winzar v Chief Constable of Kent (1983) - vagrant and drunk

26
Q

What is contemporaneity?

A

The idea that the actus reus and mens rea must usually be simultaneous

27
Q

Case - example of a “continuing act” for purpose of contemporaneity

A

Fagan v MPC (1969) - police foot

28
Q

What is the definition of murder?

A

An unlawful killing of a human being with malice aforethought

29
Q

Case - example of “unlawful” being defined i/r/t murder

A

R v Clegg (1995) - NI border shooting

30
Q

What is the definition of “death” i/r/t murder?

A

Brain stem death

31
Q

Case - example of “death” being defined i/r/t murder

A

R v Inglis (2011) - mercy killing

32
Q

What is the definition of “human being” i/r/t murder?

A

Independent of their mother and can breathe through their own lungs

33
Q

Case - example of “human being” being defined i/r/t murder?

A

Attorney General Reg No 3 of 1994 (1997) - in utero killing

34
Q

What is the mens rea of murder?

A

Intent to kill or cause grievous bodily harm. Direct or oblique intent.

35
Q

What are the two partial defences to murder which can reduce it to voluntary manslaughter?

A

Diminished responsibility and loss of control

36
Q

What Act defined the two partial defences to murder?

A

Coroners and Justice Act 2009

37
Q

What is the three point test for determining loss of control?

A
  1. The Defendant must lose control
  2. Because of a qualifying trigger
  3. And someone of the same sex, age, and tolerance would have acted in a similar fashion
38
Q

What are the two categories of qualifying trigger i/r/t loss of control?

A

Fear and anger

39
Q

Which two factors do NOT qualify as triggers i/r/t loss of control?

A

Sexual infidelity and revenge

40
Q

Case - example of loss of control

A

R v Clinton (2012) - affair killing

41
Q

What is the four point test for determining diminished responsibility i/r/t voluntary manslaughter?

A
  1. The Defendant must have an abnormality of mental functioning
  2. Stemming from a recognised medical condition
  3. Which impairs their ability to exercise self-control, understand their conduct or behave rationally
  4. Which explains their actions
42
Q

Case - example of diminished responsibility i/r/t voluntary manslaughter

A

R v Dietschmann (2003) - broken watch

43
Q

What is the definition of involuntary manslaughter?

A

The actus reus remains the same but the mens rea of murder is not reached, and a lesser mens rea does.

44
Q

What are the two types of involuntary manslaughter?

A

Unlawful and dangerous act manslaughter and gross negligence manslaughter

45
Q

What is the actus reus of unlawful and dangerous act manslaughter?

A

An act which is unlawful and which a sober and reasonable person would realise would subject victim to reasonable harm.

46
Q

What mens rea is required for unlawful and dangerous act manslaughter?

A

Mens rea of unlawful act

47
Q

Case - example of unlawful and dangerous act manslaughter by means of assault.

A

R v Ball (1989) - not blanks

48
Q

What is the four point test of determining gross negligence manslaughter?

A
  1. The Defendant owes a duty of care to the deceased
  2. That duty was breached in a manner that is negligent and which became criminal
  3. The breach must have caused the victim’s death
  4. The breach must be gross, as determined by the jury
49
Q

Case - key case for gross negligence manslaughter, named the test used

A

R v Adomako (1994) anaethist oxygen

Law A-Level (10 decks)

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