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FLK 2 > CRIMINAL LAW > Flashcards

CRIMINAL LAW Flashcards

1
Q

What is for the Jury to decide when assessing whethera defendant satisfies the actus reus of attempted robbery?

A

The jury must decide, as a question of fact, whether what the defendant has done is sufficient for the offence of attempted robbery.

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2
Q

is intention to cause grievous bodily harm enough to satisfy a conviction of attempted muder?

A

no.
Intention to cause grievous bodily harm is not sufficient.
- D must intend to kill

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3
Q

If there is a virtual certainty that someone might die from an act created by the D, does this satisfy a charge of attempted murder?

A

Yes.
its an indirect intention to kill

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4
Q

What are the 3 types of parties to a crime?

A
  1. Principal offender
  2. Joint principals or (co principals)
  3. Secondary party (accomplice/accessory)
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5
Q

What are the 4 ways in which actus reus is satisfied by an accomplice?

A
  1. Aiding
  2. Abetting
  3. Counselling
  4. Procuring

S 8 of the Accessories and Abettors Act 1861

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6
Q

What must an accomplice do for the principle offender when they ‘aid’

A

Help / assist

Before or during offence

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7
Q

What must an accomplice do for the principle offender when they ‘abet’

A

Encourage
During offence

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8
Q

What must an accomplice do for the principle offender when they ‘counsel’

A

Instigate / solicit / encourage
Before offence

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9
Q

What must an accomplice do for the principle offender when they ‘procure’

A

Produce my endeavour
Before offence

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10
Q

In cases of procurement do you need to prove that there is a mental link between principal and accomplice?

A

No. No need to establish contact between the two.
Yes for : aiding, abetting, counselling

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11
Q

Which is the only element of actus reus to accessory / accomplice that requires a causal link?

A

Procurement

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12
Q

What two actus reus elements require a mental link ?

A

Abetting
Counselling

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13
Q

Can someone who just witnessed a crime without intervening be an accomplice?

A

No. It’s a moral obligation, not legal

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14
Q

Can you be an accomplice to murder if you got involved after the murder took place?

A

No.

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15
Q

What are the two situations that can arise when the principal isn’t convicted but the accomplice is?

A
  1. Principal has a defence
  2. Principal cannot be found

Note: actus reus must occur before accomplice can be held liable

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16
Q

What is an innocent agent?

A

Someone who commits AR of crime but isn’t guilty of offence because they lack MR

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17
Q

If an accomplice/accessory uses an innocent agent to commit a crime how will they be charged?

A

The will be charged as the principal offender

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18
Q

What is the Mens Rea for accomplice liability (two limb test)

A

1st limb: A must intend to do act or say the words
2nd limb: A must have knowledge of circumstances - mainly facts that make PO’s conduct criminal.

Might not have knowledge of the specific offence but;
- knows type of crime
- range of crimes that might be committed

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19
Q

What is vital to withdrawing participation to a crime before the offence?

A

Communication
Must be unequivocal and timely

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20
Q

Are words likely to be enough when withdrawing participation to a crime, during the crime?

A

No. Physical prevention may be needed

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21
Q

What is the main purpose of the YOT?

A

Youth offending team
- coordination of provision of youth services in particular area

22
Q

How does the YOT assist the court?

A
  1. Investigate and confine the personal circumstances and prev convictions on juvenile
  2. Provide support for J that is granted bail
  3. Prepare pre-sentence report
  4. Administer non custodial sentence imposed by youth court
23
Q

Juveniles under the age of…. Must be accompanied by a parent/guardian at the youth court

A

16

24
Q

Who are the 7 types of people that are allowed to attend a hearing in the youth court?

A
  1. District judge/youth judges
  2. Court staff
  3. Juvenile + parents/guardian
  4. CPS representative
  5. juveniles solicitor
  6. Representative from YOT
  7. Member of press
25
Q

What is the press not allowed to report about in youth offending cases?

A

Name
Address
School
Details likely to lead to identification

26
Q

What legislation allows for lifelong reporting restrictions in respect of a victim or witness who is under 18 during proceedings?

A

S 78 of the Criminal Justice and Courts Act 2015

27
Q

What act allows the court to lift a lifelong reporting restriction from identifying juveniles in the court?

A

S 49 of the Children and Young Persons Act 1933
- if it’s public benefit

28
Q

What is the difference between a juvenile in the youth court and a juvenile at the police station

A

Juveniles at the police station appear to be under 18
- juveniles at youth court are under 18

29
Q

Who classes a juvenile a “persistent young offender”

A

The police or court
(Been sentenced on 3 separate occasions for 1 or more recordable offence)

30
Q

What is a recordable offence?

A

Any offence that receives a custodial sentence

31
Q

What are the 5 circumstances where a juveniles case might be sent to an adult court (mag or crown) ?

A
  1. Homicide offences
  2. Firearms offences
  3. Grave crimes
  4. Specified offences
  5. Jointly charged with an adult
32
Q

Will juveniles be required to indicate their plea before venue and allocation?

A

No, only if it is a grave crime, specified offence, juvenile is charge w an adult

33
Q

What are the youth courts bail powers?

A

Can remand a juvenile
A. On bail (w or w/out conditions)
B. Into local authority accommodation
C. (In case of 17 year olds) into custody

34
Q

10-11 year olds can only be remanded to…

A

Bail or local community accommodation

  • cannot be remanded to a youth det centre
35
Q

What are the 4 conditions needed to remand into youth detention accommodation?

A
  1. Aged 12-17
  2. Must have legal representation
  3. Committed a violent or sexual offence or offence that would lead to 14 years + imprisonment
    - D has recent history of absconding
    - D has recent history of committing prisonable offences whilst on bail
  4. Court must believe it’s necessary to protect public from death or serious personal injury
36
Q

What document does the youth court especially use when issuing sentences?

A

The pre-sentence report issued by the youth offending team

37
Q

Referral orders cannot be made an unless a youth offender…

A

Pleads guilty
- in some cases a mixed plea, but courts discretion on mixed pleas

38
Q

Youth referral orders apply to..

A

Juveniles who
- plead guilty to an offence
- Have never previously been convicted or bound by a court

39
Q

If the court makes a youth referral order, who takes on the case?

A

Youth offender panel (a member of YOT and 2 community volunteers)
- panel makes decision
- panel created a ‘youth offender contract’ lasts anywhere between 3-12 months

40
Q

Appeal against conviction/sentence from mag to crown court..

A

Is a complete rehearing of case

41
Q

what word is associated with liberty when assessing legal aid?

A

‘likely’

42
Q

intoxication can only be a defence for the crime of..

A

specfic intent
- not basic intent due to its inherent recklessness

43
Q

when does something become theft?

A

91B:
- when you have an intent to permanently deprive someone of something + appropriate by simply picking up the item.

44
Q

Can you disclose previous convictions of your client to the court?

A
  • NO. duty of confidentiality
  • unless the client consents
  • can withdraw, and not
    exception
  • if there is a mandatory sentence that will be imposed (to continue to act for client you would have to ell court)
45
Q

what are the 3 ways that you can commit fraud?

A
  1. False representation
  2. Failing to disclose
  3. abuse of position
46
Q

what are the police officer ranks?

A
47
Q

there is only a duty to act/save someone when..

A

you create the dangerous situation

48
Q

after what time period can a judge ask a jury to return a verdict?

A

(according to s 17 of the Juries Act 1974) after 2 hours, the judge may ask the jury to return and,
- if they have not yet reached a unanimous verdict
- judge can direct them to retire and try to reach a unanimous verdict, but if they cannot, then to reach a majority verdict.

49
Q

what is the standard number of jurors needed for a trial?

A

12

50
Q
A
51
Q

What circumstances make a conviction unsafe?

A
  1. Misdirection by judge on point of law
  2. Trial judge permitted evidence that should have been excluded
  3. Judge error in summing up
  4. Judge made unvesscary comments or interjections
52
Q

In cases of criminal damage (either way offence) what court will the case be heard in?

A
  1. In the mag if damage is under £5000
  2. In the crown court more than £5000

FLK 2 (5 decks)

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