Criminal

Question 1

Theft

Answer 1

Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it

dishonesty: meausred by objective standard: whether a reasonable and honest person would think defendant’s action was dishonest

either way. except for under £200 which can be treated as summ only except if elect crown court
specific intent

Question 2

Theft: when is intent determined?

Answer 2

At the time of the appropriation

if take something with intent to keep it but then change mind, theft still occurred
borrow then decide to keep it, theft at point decide to keep it

Question 3

Robbery

Answer 3

Commit theft and, immediately before or at the same time, they use force on a person or put any person in fear of then-and-there being subjected to force in able to steal

indictable only
specifc intent

Question 4

Burglary by trespass with intent s9(1)(a)

Answer 4

Knowing or recklessly enter a building or part of building as a trespasser with any part of their body
With the intent to:
1. Steal
2. Inflict GBH
3. Cause criminal damage
Doesn’t matter if they actually do: if there is intention to do so at time of entry, the crime is committed
Committed at time of entry

either way unless includes commission of indictable only offence, victim subject of violence or threat or if 3rd domestic burglary - then indictable only
specific intent

Question 5

Burglary by offences committed following a trespassers entry under s9(1)(b)

Answer 5

Knowing or recklessly entered a (part of a) building as a trespasser with any part of their body
Does not have to enter w intention to steal, inflict GBH or cause crim damage
But after entering the building they actually steal, attempt to steal, inflicted GBH or attempted to inflict GBH

Committed at time of underlying offence
Know they are a trespasser
Have mens rea of underlying offence

either way unless includes commission of indictable only offence, victim subject of violence or threat or if 3rd domestic burglary - then indictable only

Question 6

Aggravated burglary

Answer 6

If while committing burglary have:
-firearm or imitation
-weapon (any article made or used to cause or intending to cause injury)
-an explosive

For 9(1)(a), must be in their possession at time of entry
S9(1)(b), must be in possession at time of commission of underlying offence
Don’t need to establish attempt to use weapon, just that they had it at time of burglary

either way unless includes commission of indictable only offence, victim subject of violence or threat or if 3rd domestic burglary - then indictable only

Question 7

Strict liability offence

Answer 7

doesn’t require any mental state, just the act

Question 8

evidential burden of proof

Answer 8

burden of raising certain defences

Question 9

legal burden of proof

Answer 9

once defence raises a defence, prosecution has the burden of disproving that defence beyond a reasonable doubt

Question 10

Elements of defence of loss of control

Answer 10

Loss of control, qualifying trigger and another in the defendant’s position, sharing their qualities, might have reacted in the same way

Question 11

Qualifying trigger for purposes of defence of loss of control

Answer 11

Fear of serious violence or things said or done constituting circumstances of an extremely grave character which gave the defendant a justifiable sense of being seriously wronged

Question 12

Who is burden of proof on for loss of control defence

Answer 12

Prosecution

Question 13

Definition of theft

Answer 13

Dishonest appropriation of property belonging to another with intention to permanently deprive the other of it

Question 14

Definition of dishonesty for the purposes of theft

Answer 14

Whether the defendant’s behaviour is dishonest by the standards of reasonable and honest people

Question 15

Requirements for defence of self-defence

Answer 15

Subjective belief that use of force was immediately required
Level of force used was objectively reasonable/proportionate in the circumstances as the defendant believed them to be

Question 16

Requirements for defence of necessity

Answer 16

Act required to avoid some inevitable and irreparable evil
Defendant only did what was reasonably necessary
Evil inflicted was not disproportionate to evil avoided

Question 17

Restrictions of defence of duress

Answer 17

Offence cannot be murder or attempted murder
Must be threat of death or serious bodily injury
Person of reasonable firmness w defendants characteristics would have acted the same

Question 18

specific intent offence

Answer 18

specify intent required - cant be committed recklessly
all attempt offences are specific intent offences - require intent to commit the full crime

Question 19

basic intent offences

Answer 19

can be committed either intentionally or recklessly

Question 20

Recklessness

Answer 20

defendant must subjectively foresee a risk from the act and continue regardless
in all circumstances known to the defendant, must be an unreasonable risk to take (objective test)

Question 21

voluntary manslaughter

Answer 21

when the prosecution proves the element of murder, the defendant can raise partial defences to reduce the offence to voluntary manslaughter

defences: diminished responsibility and loss of control

Question 22

Diminished responsibility

Answer 22

partial defence from murder to voluntary manslaughter

have to demonstrate:

-defendant had an abnormality of mental function that arose from a recognised medical condition
-abnormality substantially impaired the defendant’s ability to:
–>understand nature of their conduct or
–>form rational judgement or
–>exercise self-control
-the abnormality provides an explanation for the killing

burden of proof: on defendant to prove each element on balance of probabilities

Question 23

loss of control

Answer 23

defence to reduce murder to voluntary manslaughter

their role in the killing resulted from a loss of control - can’t restrain themselves:

loss of control was caused by a qualifying trigger:
-fear of serious violence from victim against defendant or another identified person or
-thing said or done which constituted circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged

hypothetical person of same age and sex might have acted in the same way

revenge or infidelity alone cannot be sufficient triggers

if judge is satisfied there’s sufficient evidence that elements of LoC are made out, prosecution must prove BRD that def did not LC

Question 24

unlawful act manslaughter

Answer 24

a type of involuntary act manslaughter

defendant committed a criminal offence that carries objective risk to victim and victim dies as a result
act must be intentional, unlawful, dangerous and the cause of death (ex: driving car fast through crowded area)

Question 25

gross negligence manslaughter

Answer 25

type of involuntary act manslaughter defendant didn't commit an offence or knowingly take a risk but acted in extremely negligent way must have breached duty of care owed to the victim in circs where there's an obvious risk of death and breach of duty must have caused the death

Question 26

assault

Answer 26

when a person intentionally or recklessly causes another to apprehend the immediate application of unlawful force words can negate imminence, apprehension not present if victim finds out afterwards summary only basic intent offence

Question 27

battery

Answer 27

person intentionally or recklessly applies unlawful force upon another something must make contact with victim's body and contact must be unwanted summary only basic intent offence

Question 28

s47 OAPA - ABH

Answer 28

elements of assault or battery (causing apprehension or application of unlawful force), causation and actual bodily harm ABH = any hurt or injury calculated to interfere w health or comfort either way offence basic intent

Question 29

s20 GBH

Answer 29

wounding or inflicting GBH - greater harm than ABH. for ex, breaking skin or causing long period of unconsciousness requires proof of intention to cause some harm or recklessness regarding risk of causing some harm either way offence basic intent

Question 30

s18 GBH

Answer 30

wounding or causing GBH (breaking skin, long period of unconsciousness) intent to cause seriously bodily harm or intent to resist lawful apprehension when risk of some harm foreseen (recklessness not sufficient) indictable only specific intent

Question 31

fraud by false representation

Answer 31

dishonestly make a false representation and intend to make a gain for themselves or another or to cause or risk a loss to another false rep can by from intentionally trying to mislead: placing replicas next to genuine antiques gain need not be realised either way

Question 32

Fraud by failure to disclose

Answer 32

failure to divulge info when under a legal or contractual duty to divulge in order to make a gain for themselves or another, or to cause or risk a loss to another either way

Question 33

fraud by abuse of position

Answer 33

arises from misuse of post in which a person is expected to safeguard financial interest of others also requires intent to make gain or cause or risk a loss to another either way

Question 34

Criminal damage

Answer 34

destroy or damage property belonging to another intending to do so or being reckless as to whether property is destroyed or damaged -damage can be slight, easily fixed -property must be physical defences: the owner did or would have consented to the damage property is in immediate need of protection - means of protection are reasonable having regard to all the circs summary only under £5000, either way over basic intent offence

Question 35

aggravated criminal damage

Answer 35

criminal damage but: -property can belong to defendant alone -Defendant must intend to endanger life or be reckless with regards to endangerment, but doesn't matter that life was, in fact, not endangered crim damage defences aren't available indictable only

Question 36

arson

Answer 36

criminal damage by fire fire must cause the damage - not smoke etc. either way basic intent

Question 37

aggravated arson

Answer 37

aggravated criminal damage by fire fire must cause the damage - not smoke etc. indictable only

Question 38

Aid

Answer 38

assisting or helping the commission of an offence can be tried as principal offender

Question 39

abet

Answer 39

encouraging or inciting an offence can be tried as a principal offender

Question 40

counsel a crime

Answer 40

advising or soliciting an offence can be tried as principal offender

Question 41

procure a crime

Answer 41

endeavouring to have someone commit the offence can be tried as principal offender

Question 42

inchoate/incomplete offence

Answer 42

attempt to commit an offence - dont complete it but do something 'more than merely prepatory' attempt requires the intent to commit underlying crime if physically impossible: can still be guilty of attempt if it is legally impossible, cannot be guilty of attempt

Question 43

Unfit to plead:

Answer 43

if lacked sufficient intellect to: comprehend proceedings enough to make a proper defence challenge a juror whom they might wish to object comprehend the details of the evidence if unfit but committed the act, court may send def to hospital, impose a supervision order or dismiss

Question 44

when is involuntary intoxication a defence?

Answer 44

it prevented def from forming the mens rea of the crime ignorance of strength of intoxication does not make intox. involuntary

Question 45

voluntary intox through prescription medication

Answer 45

intox by nondangerous substance and if it negates the mens rea, the intox can be a defence

Question 46

voluntary intox from dangerous drug

Answer 46

cant negate mens rea of basic intent offence, as can be committed intent or recklessly but cant negate mens rea of specific intent crime

Question 47

self defence

Answer 47

can be raised as a defence if def acting to protect themselves, another or property, prevent crime or effect lawful arrest must have subjectively believed the force was immediately required amount of force used must have been reasonable based on facts as def believed them to be at the time reasonable interpreted as proportionate can be preemptive if reasonably believe that's the only way not to be assaulted themselves. but must be proportionate

Question 48

self defence against intruder in someone's home

Answer 48

householder may use force that is not grossly disproportionate, or not so disproportionate as to be unreasonable

Question 49

defence of necessity

Answer 49

if under the circumstances, committing the offence was the lesser of two evils: -criminal act had to have been required to avoid some inevitable and irreparable evil -def must have only done what was reasonably necessary -the evil inflicted must not have been disproportionate to the evil avoided defence not available in murder cases

Question 50

defence of duress

Answer 50

-there must be a threat of death or serious injury -threat must be against the defendant, their close relative or friend or someone for whom the defendant reasonably feels responsible -def must have good cause to fear, taking into account the nature of the threat -a person of reasonable fortitude with def's characteristics would have acted the same -threat must be sufficiently immediate -must have been no opportunity to take evasive action cant be relied on as a defence if voluntarily associated w the threat maker knowing they have violent criminal tendencies def cant rely on the defence if the crime is murder or attempted murder

Question 51

murder

Answer 51

unlawfully killing another person and they have the intention to kill or to cause grievous bodily harm.

Question 52

overriding objective of criminal procedure rule

Answer 52

cases must be dealt with justly

Question 53

When can access to legal advice be delayed?

Answer 53

suspect arrested on indictable only or either way superintendent or above authorised delay in writing officer has reasonable grounds to believe that exercise of right to legal advice will lead to: -interference with evidence -interference with others -alerting other suspects or -hindering the recovery of property relating to the offence access can be delayed for up to 36 hours at most

Question 54

delay right to have someone informed of arrest

Answer 54

max of 36 hours by inspector or above similar conditions to delaying legal advice: -interference with evidence -interference with others -alerting other suspects or -hindering the recovery of property relating to the offence

Question 55

suspect can be kept in custody without being charged for only 24 hours. extensions:

Answer 55

additional 12 hours by superintendent if reasonable grounds for believing further detention is necessary to secure or preserve evidence or obtain evidence by question and investigation is being conducted diligently and expeditiously on application for a warrant, Mag can authorise additional 36 (total 72) and, on second application, additional 24 total max is 96

Question 56

when must an identification procedure be held?

Answer 56

a witness has identified or purported to identify a suspect witness expresses an ability to identify a suspect or a reasonable chance of an eyewitness being able to identify a suspect

Question 57

rights of suspect during identification procedure

Answer 57

have procedure explained free legal advice a sol or friend present not required to cooperate but an identification procedure could still be held covertly and failure to cooperate could be raised at trialw

Question 58

what must be in caution at the start of an interview

Answer 58

right to legal representation right to remain silent and are under no obligation to answer questions anything they say can be used against them at trial if suspect fails to mention something which they later rely on in court, and it is a fact they could reasonably have been expected to mention in interview, an adverse inference may be drawn by court adverse inference may be drawn if a defendant failed to account for their presence at the scene of offence or an object, substance or mark found on defendant at the time of arrest

Question 59

Turnbull warning

Answer 59

if case wholly or substantially relies on identification evidence which the defendant disputes, Turnbull guidelines followed def also entitled to Turnbull warning: special need for caution before convicting the defendant in reliance on identification evidence, as a mistaken witness can be convincing and even several witnesses can be mistaken jury should consider circs of the ID and weaknesses

Question 60

good character direction

Answer 60

if def has no previous convictions automatically entitled to it judge says that a person of good character is less likely to commit this offence and more likely to be credible whenn asserting their innocence

Question 61

Newton hearing

Answer 61

def pleads guilty to the offence but dispute the facts set out by the prosecution and offer to plead guilty on different facts if pros rejects the plea, a Newton Hearing is held to settle the disputed facts if settles in pros. favour, def loses any credit for guilty pleaEW

Question 62

Referral order

Answer 62

youth sentencing sends youth to Youth Offender panel who will meet with the youth and their family and agree a contract of conduct of 3-12 months

Question 63

youth rehabilitation order

Answer 63

like community order meet with probation work unpaid up to 240 hrs in 12 months restitution to victim curfew

Question 64

detention and training order

Answer 64

first half of sentence in custody and second half reporting to Youth Offending Team max 2 years not available for 10-11 year olds 12-14 only if persistent young offenders: sentenced on 3 occasions for offence punishable by imprisonment 15-17 if court determines only a custodial sentence is justified

Question 65

magistrates standard directions

Answer 65

prosecution must serve evidence and notice of intention to adduce bad character evidence within 28 days of order after receiving prosecutions evidence and any notice of intent to adduce bad character evidence, the defence: must notify prosec which prosec witnesses are required to attend trial within 7 days and serve defence statement within 14 days

Question 66

Goodyear indication

Answer 66

def asks for indication of sentence before entering a plea if judge gives an indication and def then pleads guilty, the judge will be bound by their indication

Question 67

time frame for prosecution to complete disclosure (crown ct)

Answer 67

50 days or 70 if def on bail

Question 68

when does defence serve its defence case statement (crown ct)

Answer 68

within 28 days of prosecution providing disclosure

Question 69

how much notice does pros have to give to adduce evidence of bad character

Answer 69

20 business days of entry of not guilty plea in Mag or 10 in Crown

Question 70

appeals from Mag to Crown ct

Answer 70

lodge written notice within 15 business days a right, so no grounds need to be given crown ct can increase or reduce sentence imposed but restricted to Mag's sentencing power

Question 71

appeal from Mag to Divisional High Ct

Answer 71

by way of case stated: decision is wrong in law or in excess of jurisdiction made in writing within 21 days of decision being appealed must include point of law subject to the appeal. for ex: bench misunderstood or misapplied the law, made errors on the admissibility of evidence or heard a case outside their jurisdiction

Question 72

appealing conviction or sentence from crown court to CoA

Answer 72

must apply for leave if seeking leave from CoA, lodge application of leave to appeal within 28 days of the decision court may decline to hear appeal conviction can only be appealed from Crown Ct on basis it is unsafe: for ex evidence wrongly admitted or excluded, direction wrongly given or omitted, conduct of the trial judge demonstrated obvious bias, wrongful exercise of discretion, errors in summing up, problems with jury sentence can be appeal on basis sentence was wrong in law, principle or manifestly excessive prosecution cannot appeal jury's acquittal but can appeal rulings made my judge during trial

Question 73

Defence case statement

Answer 73

(a) set out the nature of your defence, including any particular defences on which you intend to rely; (b) indicate the matters of fact on which you take issue with the prosecutor, and in respect of each explain why; (c) set out particulars of the matters of fact on which you intend to rely for the purposes of your defence; (d) indicate any point of law that you wish to take, including any point about the admissibility of evidence or about abuse of process, and any authority relied on; and (e) if your defence statement includes an alibi (i.e. an assertion that you were in a place, at a time, inconsistent with you having committed the offence), give particulars, including – (i) the name, address and date of birth of any witness who you believe can give evidence in support of that alibi, (ii) if you do not know all of those details, any information that might help identify or find that witness.