Criminal Law

Question 1

Actus reus

Answer 1

Physical element of a crime; the actual conduct of the crime: can be an act, omission or state of affairs

Question 2

What is criminal law?

Answer 2

Crimes against the state that impact society, not just an individual

Question 3

Who is involved in a criminal law case?

Answer 3

Prosecutor v defendant

Question 4

What are common punishments for breaking criminal law?

Answer 4

• Imprisonment
• Prosecution
• Fines
• Community Service

Question 5

What are examples of criminal law?

Answer 5

• Drunk driving
• Murder
• Theft

Question 6

Where are criminal law cases dealt with?

Answer 6

• Crown court (Jury)
• Magistrate court

Question 7

Degree of certainty required for a Criminal law case?

Answer 7

Beyond reasonable doubt

Question 8

Mens Reus

Answer 8

Guilty mind
Criminal intent

Question 9

What is needed for Actus Reus

Answer 9

A voluntary act

Question 10

5 Types of omissions

Answer 10

• Duty arising from contract
• Duty arising from statute
• Duty arising from conduct
• Voluntary assumption of duty
• Public duty

Question 11

What is voluntary assumption of duty?

Answer 11

• when someone voluntarily takes responsibility for another person, he or she also assumes the positive duty to act for the general welfare of the person

Question 12

Public Duty

Answer 12

A person in a public office may be under a duty to care for others e.g social workers

Question 13

Duty arising from conduct

Answer 13

A person who is aware he or she has done something endangering another’s life or property and does nothing to prevent the harm occurring may be criminally liable - R V Miller

Question 14

Duty arising from contract

Answer 14

Failure to perform a contractual obligation endangers life - R V Pittwood

Question 15

Causation

Answer 15

Prosecution must prove death or injury of victim was caused by defendants act
Both factual and legal cause

Question 16

Factual Causation

Answer 16

But for test
R V White
Original injury from defendants conduct must be more than minimal cause of death

Question 17

Legal Causation

Answer 17

1. Original injury operative cause of death R V Smith, R V Cheshire
2. Intervening act reasonably forseeable R V Pagett, R V Corbett, R V Muhammad
3. Thin Skull Test R V Blaue

Question 18

Thin skull test

Answer 18

Take your victim as you find them

Question 19

Direct intention

Answer 19

Defendants aim, purpose or objective to achieve unlawful result

Question 20

Indirect intent

Answer 20

Oblique intent
Nedrick test - did defendant appreciate death or GBH was a virtual consequence of his/her action

Question 21

Transferred malice

Answer 21

A shoots b with intention to kill, happens to miss and shoot c a liable for murder of c, malice is transferred
Mens Rea can only be transferred if for the same crime

Question 22

Coincidence of acts reus and mens Rea

Answer 22

Actus reus may be continuous act, mens rea happens during that act