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SQE2.02 > CRIMINAL ACTUS/MENS > Flashcards

CRIMINAL ACTUS/MENS Flashcards

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1
Q

Assault/Battery?

A

Actus Reus:

Assault: Causing another to apprehend immediate unlawful force.

Battery: Application of unlawful force to another.

Mens Rea: Intention or recklessness as to causing the victim to apprehend or suffer unlawful force.

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2
Q

Assault Occasioning Actual Bodily Harm (s.47 OAPA 1861)

A

AR: Assault or battery causing actual bodily harm (ABH).
= incl. psych, must be foreseeable.

MR: Intention or recklessness as to the assault or battery; no need for intent as to ABH.

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3
Q

Malicious Wounding or Inflicting Grievous Bodily Harm (s.20 OAPA 1861)

A

AR: Unlawfully wounding or inflicting grievous bodily harm.
= Really serious harm, inclu. Psychiatric

MR: Intention or recklessness as to causing some harm (not necessarily serious).

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4
Q

GBH with Intent (s.18 OAPA 1861)

A

Actus Reus: Unlawfully wounding or causing GBH.
= really serious harm, incl. psych

Mens Rea: Specific intent to cause serious harm

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5
Q

Theft (s.1 Theft Act 1968)

A

Actus Reus: Appropriation of property belonging to another.

Mens Rea: Dishonesty and intention to permanently deprive.

Ivey/Genting: Subjective: what were D’s beliefs, was that dishonest objectively by standards of ordinary decent people?

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6
Q

Robbery (s.8 Theft Act 1968)

A

Actus Reus: Theft accompanied by force or threat of force at or before the time of stealing IN ORDER TO STEAL

Mens Rea: Mens rea of theft and intention to use force to steal.

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7
Q

Burglary (s.9 Theft Act 1968) 91A

A

Actus Reus:

s.9(1)(a): Entry into a building as a trespasser with intention at that time

Mens Rea:

s.9(1)(a): with intent to commit theft, GBH, or criminal damage.

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8
Q

Burglary (s.9 Theft Act 1968) 91B

A

Actus Reus:
s.9(1)(b): Having entered as a trespasser, committing or attempting theft or GBH.

Mens Rea:
s.9(1)(b): Mens rea for the offence committed or attempted.

*no need for intent at the time of entry

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9
Q

Aggravated Burglary (s.10 Theft Act 1968)

A

Actus Reus: Committing burglary while in possession of a weapon of offence, firearm, imitation firearm, or explosive.

Mens Rea: Mens rea for burglary and knowledge of possession of the item.

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10
Q

Criminal Damage (s.1(1) Criminal Damage Act 1971)

A

Actus Reus: Destroying or damaging property belonging to another without lawful excuse.

Mens Rea:
Intention or recklessness as to the destruction (foresight + unjustified risk) and fact that it belongs to another

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11
Q

Aggravated Criminal Damage (s.1(2) Criminal Damage Act 1971)

A

Actus Reus: As above, with the added element that the destruction or damage endangers life.
= DAMAGE must endanger life, not just the act

Mens Rea: Intention or recklessness as to the endangerment of life. + standard mens

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12
Q

Arson (s.1(3) Criminal Damage Act 1971)

A

Actus Reus: Destroying or damaging property by fire.
= DAMAGE must endanger life, not just the act

Mens Rea: Intention or recklessness to destroying or damaging property by fire

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13
Q

Murder

A

Actus Reus: Unlawful killing of a human being under the Queen’s peace.

Mens Rea: Intention to kill or cause grievous bodily harm (malice of aforethought).

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14
Q

Voluntary Manslaughter

A

Actus Reus: As per murder.

Mens Rea: As per murder, but with a partial defence (e.g., loss of control or diminished responsibility) reducing liability.

CONTROL:
- Fear/anger, objective person with normal tolerance might have done the same (no revenge)

DIMINSHED:
- Abnor mental function, arising from recog med condition, substantially impaired D’s ability to understand conduct, form rational judgement or exercise self control

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15
Q

Involuntary Manslaughter

A

Unlawful Act Manslaughter:

Actus Reus: Unlawful act that is dangerous and causes death.

Mens Rea: Mens rea for the unlawful act.

Gross Negligence Manslaughter:
Actus Reus: Breach of duty of care causing death.

Mens Rea: Gross negligence (no specific mens rea required).

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16
Q

Fraud by False Representation (s.2 Fraud Act 2006)

A

Actus Reus: Making a false representation.

Mens Rea: Dishonesty and intention to make a gain or cause a loss.

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17
Q

Fraud by Failing to Disclose Information (s.3 Fraud Act 2006)

A

Actus Reus: Failing to disclose information when under a legal duty to do so.

Mens Rea: Dishonesty and intention to make a gain or cause a loss.

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18
Q

Fraud by Abuse of Position (s.4 Fraud Act 2006)

A

Actus Reus: Abuse of a position in which one is expected to safeguard the financial interests of another.

Mens Rea: Dishonesty and intention to make a gain or cause a loss.

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19
Q

ATTEMPTS

A

AR = more than merely preparatory to the either-way or indictable offence

MR = intention to commit the offence *for murder must be intent to kill

*no attempts for reckless

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20
Q

Category + Max Sentence: Assault

A

Summary - 6mo
EW if racial - 2y

OFTEN: comm - 6mo

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21
Q

Category + Max Sentence: Battery

A

Summary - 6mo

Often – fine, comm

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22
Q

Category + Max Sentence: ABH

A

Either – 5y

Comm - 3y custody

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23
Q

Category + Max Sentence: s.20

Study These Flashcards
A

either - 5y
often - 1-5y

24
Q

Category + Max Sentence: s.18

Study These Flashcards
A

indictable - LIFE
often: 3-16y

25
Category + Max Sentence: theft
either -- 7y often: 1-6, min 3 if third strike
26
Category + Max Sentence: dwelling burglary
either -- 14 often: 1-6y, min 3 if third
27
Category + Max Sentence: NON dwell burg
either -- 10y often: 1-5y
28
Category + Max Sentence: AGG BURG
Indict -- life often: 4-20y
29
Category + Max Sentence: robbery
indictable -- LIFE Often 1-7y
30
Category + Max Sentence: crim damage
either -- 3mo sum, 10y indict depends on value and intent
31
Category + Max Sentence: AGRO crim
either -- LIFE often - 1-8y harm and danger
32
Category + Max Sentence: arson
Either -- LIFE often -- 1-8 harm/danger
33
Category + Max Sentence: murder
indict -- mandatory life often: 15-30
34
Category + Max Sentence: voluntary man
Indict -- life often -- 5-25+ (wide range)
35
Category + Max Sentence: gross neg manslaughter
indict -- life often 3-18, higher if harm was foreseeable
36
Category + Max Sentence: unlawful manslaughter
indict -- life 3-18 y **forseeability of harm
37
Category + Max Sentence: attempted theft
same as full offence -- 7y sentence reflects proximity and intent
38
Category + Max Sentence: attempted robbery
indict -- life often: mirrors seriousness of completed robbery
39
TOP 10 AGGRAVATING FACTORS
VICIOUS PLOT Vulnerable victim Intentional targeting Children involved/harm In a group or gang On bail or license Use of weapon Significant planning or premeditation Previous convictions Location (trusted/sensitive place) Threats or psychological harm (long term)
40
TOP 10 MITIGATING FACTORS
LESSER GUILT Genuine remore Under pressure or coercion Inexperienced or of good character Low level of harm or limited role Timely guilty plea Lack of premeditation Efforts to make amends Serious medical/mental condition Sole carer or dependent responsibilities Rehabilitation prospects
41
What offences CANNOT be attempted?
S.20 - reckless Basic crim damage - reckless Invol manslaughter - can't intend Negligent offence - intent Common assault
42
What are the general defences?
Intox Consent Self-Defence
43
How does intoxication defence work?
When can you use the defence? YES - Voluntary Intox Non-Danger Drugs - Specific intent crimes - Involuntary intox (basic and spec) - Medical drugs NO - Voluntary Danger Drugs/alc (RECKLESS if would have formed while sober -- often just getting drunk will show recklessness) (e.g, would they have realised the risk if they had been sober -- if not, then it works)
44
How does intoxication work with criminal damage?
As long as belief was honestly held, even if it was irrational or mistaken or the belief arose from intoxication
45
What is lawful excuse for criminal damage?
Believe owner would have consented Believed it was necessary to protect property and that protection was reasonable in the circumstances as D believed them to be
46
How does intoxication interact with consent definition?
If D wrongly believed they had consent, even if mistaken because of intoxication, then, holds
47
How does defence of consent operate?
Generally only for physical harm crimes Is more than assault/battery? - consent is avail if v consent or D thought they did Did D intend to cause ABH+? - Yes = no consent (unless except) - No (did not see risk) = consent is allowed - No (and reckless) = unknown, see exceptions
48
What is the availability of consent when no intention to cause ABH+ and did not see risk?
Avail if only intended a battery with consent Did not see risk of ABH
49
What are the exceptions to where consent IS available?
MY SILLY HAMSTER TOOK SOME LESSONS Medical Sport Horseplay Tattoo/personal adornment Sexual gratification Lawful correction of child
50
HOW DOES SELF-DEFENCE OPERATE?
Protect: - self, property, someone else, crime, arrest offender Trigger: honest belief use of force was necessary - subjective test, no need to retreat, can be used by agonist and v 3rd party Response - level of force objectively reasonable in all circumstances and the danger as the D subjectively believed them to be
51
HOW DOES SELF-DEFENCE OPERATE in householder vs non?
Changes operation of 'reasonable belief' Non-householder: force must be reasonable Householder: force can be disproportionate but not grossly disproportionate
52
Explain tests for loss of control?
Applies only to: Murder Partial defence → reduces murder to voluntary manslaughter ss.54–55 Coroners and Justice Act 2009: Loss of control from a qualifying trigger: Fear of serious violence, or Extremely grave circumstances + justifiable sense of being wronged Objective test: a person of D’s sex/age with normal tolerance might have done same ❌ Not available if motivated by revenge
53
Explain tests for diminished responsibility?
Applies only to: Murder Partial defence → reduces murder to voluntary manslaughter s.2 Homicide Act 1957: Abnormality of mental functioning Arising from recognised medical condition Substantially impaired ability to: Understand nature of conduct, Form rational judgment, Exercise self-control Byrne [1960]
54
Actus/Mens for the secondary liability crimes?
AR: procure (provoke), aid (provide tools etc), abet (insite, instigate, encourage), counsel (advice/encourage) MR: Intention to aid and encourage -- specifically a crime Intention principal will do crime with the mens rea (procure is exception) Knowledge of existing facts or circumstances necessary for the offence to be criminal
55
How can secondary parties withdraw?
Must do something, take action
56

SQE2.02 (33 decks)

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