2): Criminal Liability Flashcards
(29 cards)
What is the actus reus and mens rea of common law assault and battery?
Assault (AR): Causing the victim to apprehend immediate unlawful personal force (no contact needed).
Assault (MR): Intention or subjective recklessness as to causing apprehension.
Battery (AR): Application of unlawful force (e.g. push, slap).
Battery (MR): Intention or subjective recklessness as to applying force.
Is consent a defence to common assault and battery?
Yes, if genuine and not causing actual harm.
Valid in sports, medical procedures, and reasonable everyday contact.
What are the offence classification and penalty for assault/battery?
Summary only.
Max: 6 months’ imprisonment and/or a fine.
s.47 OAPA 1861: What is the actus reus of assault occasioning actual bodily harm (ABH)?
AR: Assault or battery causing actual bodily harm (more than transient or trifling, e.g. bruising, psychiatric injury).
MR: Same as for assault or battery — need not foresee ABH.
Defence: Consent is limited (e.g. sport).
Penalty: Either way offence, up to 5 years.
What is GBH or wounding under s.20 OAPA 1861?
AR: Inflicting serious harm or breaking both skin layers.
MR: Intent/recklessness as to causing some harm (not necessarily GBH).
Consent: Not a defence if serious harm caused.
Penalty: Either way, up to 5 years.
What is the actus reus of s.18 GBH with intent?
AR: Causing GBH or wounding.
MR: Intent to cause GBH or to resist arrest with intent/foresight of ABH.
Penalty: Indictable only, max life imprisonment.
Consent: Not a defence.
What are the elements of theft?
AR: Appropriation; property; belonging to another.
MR: Dishonesty + intention to permanently deprive.
Dishonesty Test (Ivey):
-Subjective belief in facts.
-Objectively dishonest by standards of decent people.
Sentence: Either way, max 7 years.
When is a defendant not dishonest for the offence of theft?
not dishonest if defendant believes:
They had legal right to property;
Owner would consent; or
Owner cannot be found despite reasonable steps.
What are the elements of robbery?
AR: Theft + force (or threat) used at time of theft to steal.
MR: Same as theft — no separate MR for force.
Sentence: Indictable only, max life imprisonment.
What are the types of burglary under s.9?
s.9(1)(a): Enters building as trespasser intending theft, GBH, or damage.
s.9(1)(b): Having entered as trespasser, commits or attempts theft or GBH.
Mens rea: -Knowledge/recklessness as to trespass + intent for ulterior offence.
Sentence: Either way; max 10 years (14 if dwelling).
What is aggravated burglary?
Burglary while possessing a weapon.
Mens rea: For burglary only — no separate intent for weapon.
Sentence: Indictable only, life imprisonment.
What are the elements of simple criminal damage (s.1(1) CDA 1971)?
AR: Destroy/damage property belonging to another.
MR: Intent or recklessness as to damaging another’s property.
Lawful excuse:
-Honest belief in consent.
-Protecting property (subjective/objective mix).
Penalty:
≤ £5,000 → Summary only, 3 months.
£5,000 → Either way, max 10 years.
Fire/memorials → Always either way.
What are the maximum penalties for Simple Criminal Damage?
If damage > £5,000 → Either Way offence, 10 years’ max imprisonment.
If damage ≤ £5,000 → Summary Only offence, 3 months’ imprisonment and/or fine.
Damage by fire (arson) or to a memorial → Always Either Way offence.
What is aggravated criminal damage (s.1(2))?
AR: Damage (even to own property).
MR: Intent/recklessness as to endangering life by damage.
Lawful excuse: Not a defence.
Sentence: Indictable only, life imprisonment.
What is the difference between Simple Arson and Aggravated Arson (s.1(3) Criminal Damage Act 1971)?
Simple/Aggravated Criminal Damage + use of fire.
Lawful excuse:
-Yes for simple arson.
-No for aggravated.
Sentence: Indictable only, life imprisonment.
What is murder?
Unlawful killing of a human under the King’s peace with malice aforethought. (foetus not included)
AR: Killing must cause death.
MR: Intent to kill or cause GBH.
Mode: Indictable only, life imprisonment.
What are the key points regarding mens rea for murder?
(i) Intention to kill (direct or indirect where death is virtually certain and appreciated); or
(ii) Intention to cause grievous bodily harm (direct or indirect where serious injury is virtually certain and appreciated).
When can murder be reduced to voluntary manslaughter?
AR + MR + Partial defences apply:
Diminished responsibility: -Abnormality of mental functioning from recognised condition, substantially impairing judgment, with causal link.
Loss of control: Sudden loss + qualifying trigger + reasonable person standard.
Burden: D must raise it; P must disprove beyond reasonable doubt.
What are the qualifying triggers for loss of control?
Fear of serious violence or anger from serious wrong.
Is sexual infidelity alone a qualifying trigger for loss of control?
No, it is excluded.
What standard is applied for self-restraint in loss of control?
The reasonable person test considering age and sex of the defendant
What is unlawful act manslaughter?
Liability from committing a criminal offence without intention to kill or cause serious harm.
AR: Dangerous unlawful act causing death.
MR: For the underlying act only.
No omissions or negligence.
Sentence: Indictable only.
What must be noted about the state of the offenders mind for unlawful act manslaughter?
Act is objectively dangerous: a sober and reasonable person would recognise a risk of some harm.
What is manslaughter by gross negligence?
Elements:
-Duty of care
-Breach
-Causation
-Gross negligence (obvious, serious risk of death)
No MR required.
Sentence: Indictable only.
