Criminal Culpability Flashcards Preview

Law - concepts and perspectives > Criminal Culpability > Flashcards

Flashcards in Criminal Culpability Deck (27)
Loading flashcards...

What is the definition of mens rea?

The mental state ( guilty mind)


What is actus Reus?

The prohibited act ( guilty Act)


Is murder found in an Act of Parliament?

No, it is found in common law. Due to time restraints , parliament will legislate on pressing issues requiring legislation


What are the three elements that make up the definition of the actus reus of murder?

1 causation
2 death
3 the victim was a human being


According to Elliott and Quinn 2012, what is the mens rea of murder?

"Either an intention to kill or an intention to cause grievous bodily harm"


What were the facts of R v White ( John) [1921] 2 KB 124. Was he charged with murder?

He gave his mother poison , but she died of a heart attack before the poison took effect. Therefore, he was not liable for murder. He was also not charged with attempted murder


What is the test of factual causation relating to murder?

The but for test. The prosecution must prove that ' but for' the accused conduct, the victim would not have died


What did the Law reform ( Year and a Day Rule) Act 1996 do?

Removed the requirement that death must occur within a year and a day - relevant due to modern medical interventions prolonging life.


What is the test of legal causation relating to murder?

Whether the act or omission was an operative and significant cause of death


What was the act and year abolishing the death penalty?

Murder( Abolition of the Death Penalty) Act 1965, making the penalty a mandatory life sentence


What is the criteria for causing death by dangerous driving?

S1 RTA 1988. By driving a mechanically propelled vehicle dangerously on a road or public place ...
S2(a)1 driving dangerously falls below expected level of a competent and careful driver and it would be obvious to a competent and careful driver that driving like this is dangerous


Name the case linked to death by dangerous driving?

R v Gary Neil Hart [2003] EWCA Crim 1268
Driver fell asleep at the wheel and car went off the road onto a rail track causing ten deaths. Found guilty of dangerous driving.


Is the test for dangerous driving subjective or objective?

Objective. It does not take into account the experience and skills. Therefore a learner driver will be judged like an experienced one.


What is the criteria of causing death by careless or inconsiderate driving?

S2b RTA 1988
Driving a mechanically propelled vehicle on a road or public without due care and attention or without reasonable consideration for other persons using the road or place.
S3ZA (2) the standard falls below what would be expected of a competent and careful driver
S3ZA (4) they are regarded as driving without reasonable consideration of others are inconvenienced by their driving


In the consultation period before the Sexual Offences Act 2003 what was the long running issue that needed to be discussed?

That there were low levels of reporting sexual offences
Low success rate in prosecuting such offences.


Before the DPP V MORGAN [1976] AC 182 what was the mens rea of rape under the SOA 1956?

The accused must be shown to have known that the victim did not consent
If the complainant did not consent but the defendant honestly believed they consented then the jury should find them not guilty.


What were the facts of DPP v Morgan 1976 AC 182? And what was changed in law following the case?

Husband went out drinking with 3 friends and invited them back to his house to have sex with his wife. He told them that she would say no but that was part of her act to arouse herself. Subsequently the three men raped the wife who made it very clear she was not consenting whilst the husband watched.
The appropriate test for mens rea was changed by the Sexual Offences ( Amendment ) Act 1976 stating a man commits tape if
He has unlawful sex with a woman who at the time does not consent to it and
At the time knows she does not consent to it or he is reckless to whether she consents
2 in a trial of rape the jury has to consider if the man believed the woman was consenting to sex, the presence or absence of reasonable grounds for such a belief is for the jury to have regard with other matters to consider whether he is believed.


What does the SOA 2003 define rape as?

He intentionally penetrates the vagina, anus or mouth of another person with his penis.
The person does not consent to the penetration
The accused does not reasonably believe that the victim consents.
2 whether it is a reasonable belief will be determined in all circumstances, including steps accused has taken to ascertain consent.

The act now applies to both male and female and includes anus and mouth that formally were not charged at same level


What did the SOA 2003 add to fill in the gaps of law not present in 1956?

Introduced new offences of voyeurism( watching others having sex)
And having sex with a corpse
With social chat rooms the criminalisation of meeting a child following sexual grooming


When did the abortion act get passed?

To allow medical practitioners to terminate certain pregnancies reducing the risks of back street abortions and also accepting women's control over their own bodies.
It was introduced by private members bill rather than govt/ showing it was a contentious topic.


What did the suicide act 1961 change?

Stopped suicide
being a crime
Before 1961 any attempts failed attempts at suicide could be charged with attempted suicide


Who is responsible for removing obsolete legislation?

The Law Commission
Statute Law ( repeals) Act 2013. Removed a huge number of obsolete acts.


What year were same sex marriages allowed?



What year was sexual activity between men not criminal ( in certain circumstances) ?

The Sexual Offences Act 1967
Decriminalised buggery and gross indecency between men over 21 in private.


What was Henry VIII act in 1533 called?

The Buggery Act 1533
Outlawed homosexual activity between men .
It was seen as an unnatural sexual act against the silk of god and man.
For those convicted the death penalty was imposed.


What did the Offences Against the Person Act 1861 do?

Abolished the death penalty for Buggery, reducing it to life imprisonment.


The Criminal Law ( amendment )Act 1885- introduced what new offence?

An offence of committing an act of gross indecency with another make.
However it was not defined but was punished by 2 years imprisonment.
E.g. Oscar Wilde was punished for this offence.