The 12 offences in AQA A-Level Criminal Law

Question 1

Murder - actus reus

Answer 1

The unlawful killing of a human being, within the King’s Peace

Question 2

Murder - mens rea

Answer 2

“Malice aforethought”, meaning:
(1) Intention to kill, or
(2) Intention to cause GBH

Question 3

Voluntary manslaughter - loss of control defence - requirements (3):

Answer 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

Question 4

Voluntary manslaughter - diminished responsibility - requirements (4):

Answer 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

Question 5

Gross negligence manslaughter - requirements (5)

Answer 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

Question 6

Unlawful act manslaughter - requirements (4)

Answer 6

(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

Question 7

Assault - actus reus

Answer 7

An act which causes the victim to apprehend immediate, unlawful force

Question 8

Assault - mens rea

Answer 8

Intention or recklessness

Question 9

Battery - actus reus

Answer 9

Applying unlawful force to another

Question 10

Battery - mens rea

Answer 10

Intention or recklessness

Question 11

s47 Assault occasioning ABH - actus reus

Answer 11

An assault or battery, which leads to bodily harm which is “more than transient or trifling”

Question 12

s47 Assault occasioning ABH - mens rea

Answer 12

Intention or recklessness about committing an assault or battery (not about causing harm)

Question 13

s20 Assault occasioning GBH - actus reus

Answer 13

An assault or battery which leads to “really serious” harm

Question 14

s20 Assault occasioning GBH - mens rea

Answer 14

Intention or recklessness about causing SOME HARM (not about causing grievous bodily harm)

Question 15

s18 Wounding or causing GBH with intent - actus reus

Answer 15

An act which wounds or causes really serious harm to a person

Question 16

s18 Wounding or causing GBH with intent - mens rea

Answer 16

(1) Intention to cause GBH
(2) Intention to resist arrest

Question 17

Theft - full definition (5 elements)

Answer 17

(1) Dishonestly (2) appropriating (3) property (4) belonging to another, (5) with the intention of permanently depriving that other of it

Question 18

Theft - actus reus (3 elements)

Answer 18

(1) Appropriating (2) property (3) belonging to another

Question 19

Theft - mens rea (2 elements)

Answer 19

(1) Dishonesty (2) The intention to permanently deprive the person of their property

Question 20

Robbery - actus reus

Answer 20

A theft involving the use of force, which is:
(1) Immediately before or during the theft, and
(2) In order to commit the theft

Question 21

Robbery - mens rea

Answer 21

The mens rea for theft is established, + the intention to use force