criminal law

Question 1

what is required for technical assault?

Answer 1

intentionally or recklessly causing the victim to apprehend immediate and unlawful personal force

Question 2

what is required for battery?

Answer 2

intentionally or recklessly inflicting unlawful personal force

Question 3

what is required for assault occasioning ABH?

Answer 3

intentionally or recklessly committing an assault or battery which occasions actual bodily harm

Question 4

what constitutes actual bodily harm?

Answer 4

any hurt or injury calculated to interfere with the health or comfort of the victim - more than transient or trifling

Question 5

s47 OAPA

Answer 5

assault occasioning actual bodily harm

Question 6

s20 OAPA

Answer 6

wounding or inflicting GBH

Question 7

what is required for a s20 OAPA offence

Answer 7

maliciously (intentionally or recklessly) wound or inflict GBH

Question 8

what is required for a s18 OAPA offence

Answer 8

wounding or causing GBH with the intent to either:
(1) cause GBH; or
(2) resist or prevent the lawful apprehension of any person couple with the intention or recklessness as to causing some bodily harm

Question 9

what is required for murder

Answer 9

(1) unlawfully cause the death of a human being
(2) with the intention to kill or inflict GBH

Question 10

what is oblique intent

Answer 10

where death / serious harm is a virtually certain consequence of their actions

Question 11

what is required for constructive manslaughter

Answer 11

(1) the mens rea of the unlawful act
(2) (i) do an unlawful act which
(ii) is [objectively] dangerous
(iii) and causes the victim’s death

Question 12

what is required for gross negligence manslaughter

Answer 12

breach of an existing duty of care which causes death, where the breach is grossly negligent. a reasonably prudent person would have foreseen a serious and obvious risk of death

Question 13

what is required for s1 theft

Answer 13

dishonestly appropriating property belonging to another with the intent to permanently deprive

Question 14

what is required for s8 robbery

Answer 14

(1) commit theft and,
(2) immediately before or at the time of doing so, and in order to do so, use or threaten immediate force on any person

Question 15

what is required for s9(1)(a) burglary

Answer 15

enter a building/part of a building as. trespasser with the intent to commit theft, GBH or criminal damage

Question 16

what is required for s9(1)(b) burglary

Answer 16

enter a building/part of a building and [attempt to] steal, or [attempt to] inflict GBH or criminal damage

Question 17

what is the mens rea requirement for any burglary offence

Answer 17

knowledge or recklessness as to being a trespasser and intent as to theft/GBH/criminal damage

Question 18

what is aggravated burglary

Answer 18

burglary where defendant has possession of a weapon of offence at the time

Question 19

what is required for fraud by false representation

Answer 19

make a false representation intending either to make a gain for themselves/another or to cause a loss/expose another to risk of a loss

Question 20

what is required for fraud by failure to disclose

Answer 20

dishonestly fail to disclose information that they are under a legal duty to disclose with the intention to make a gain / cause a loss

Question 21

what is required for fraud by abuse of position

Answer 21

occupy a position in which one is expected to safeguard or not act against the financial interests of another; dishonestly abuse that position; intending to make a gain or cause a loss

Question 22

what is required for simple criminal damage

Answer 22

intentionally or recklessly destroying or damaging any property belonging to another without lawful excuse

Question 23

what is required for arson

Answer 23

criminal damage where fire is used to cause the damage

Question 24

what is required for aggravated criminal damage

Answer 24

destroying or damaging property with the intent or recklessness as to endangering life

Question 25

when may voluntary intoxication be used as a defence

Answer 25

to crimes of specific intent where D is so intoxicated they entirely lack the mens rea

Question 26

when may involuntary intoxication be used as a defence

Answer 26

to any crime where it can be proven D lacked the relevant mens rea

Question 28

when is mistake due to intoxication allowed

Answer 28

only in criminal damage where the mistake is honestly held belief in the lawful excuse

Question 28

evidential and legal burden of self-defence

Answer 28

D must raise the defence, prosecution must then disprove it beyond reasonable doubt

Question 28

what is required for diminished responsibility?

Answer 28

(a) abnormality of mental functioning
(b) which arose from a recognised medical condition
(c) and substantially impaired the defendant’s ability to understand the nature of their conduct / form rational judgment / exercise self-control
(d) and provides an explanation for the defendant’s act or omission in doing the killing

Question 29

what is required for loss of control

Answer 29

(a) defendant must lose self-control
(b) the loss must have had a qualifying trigger
(c) a person of their age/sex with a normal degree of tolerance and restraint might have reacted in a similar way in the circumstances

Question 30

what is the burden of proof for diminished responsibility

Answer 30

accused must prove on the balance of probabilities

Question 31

what is the burden of proof for loss of control

Answer 31

merely evidential burden on the accused

Question 32

what is a qualifying trigger for loss of control

Answer 32

one of or some combination of fear and anger

Question 33

what constitutes and attempted offence

Answer 33

can only be either-way or indictable. where the defendant has gone beyond the merely preparatory and embarked on the crime proper

Question 34

what constitutes being an accomplice to an offence

Answer 34

1. aiding, abetting, counselling or procuring (must be a causal link for procurement)
2. must intend to do the complicit act and have knowledge of the relevant circumstances.

Question 35

when may an accomplice withdraw participation

Answer 35

1. timely and unequivocally before the offence
2. during the offence if more than communication has occurred, e.g. attempted to stop it in some way