Criminal Law

Question 1

Duty to Act arises if

Answer 1

1. Statute
2. Special Relationship
3. Voluntary Assumption of Risk
4. Contract
5. Defendant created dangerous situation and aware of it

Question 2

Factual Causation

Answer 2

But for Test

Question 3

Legal Causation

Answer 3

Conduct must be substantial and operative cause of the outcome

Question 4

Considerations that won’t break the chain of causation

Answer 4

1. Pre-existing condition
2. Victim’s religious belief

Question 5

Test for Indirect Intention

Answer 5

1. Outcome must be virtually certain consequence
2. Defendant must realise outcome is virtually certain

Question 6

Recklessness

Answer 6

1. Defendant foresees risk
2. Under circumstances known to defendant, risk is unreasonable to take

Question 7

Murder

Answer 7

1. Causing
2. Death of Human Being
3. Unlawful
4. With intention to kill or cause GBH
5. Mandatory Life Sentence

Question 8

Voluntary Manslaughter

Answer 8

1. Murder but Defences
2. Diminished Responsibility
3. Loss of Control

Question 9

Unlawful Act Manslaughter

Answer 9

1. Intentional
2. Unlawful
3. Dangerous
4. Factual and Legal Causation

Question 10

Gross Negligence Manslaughter

Answer 10

1. Duty of Care
2. DoC breached
3. Factual and Legal Causation
4. Serious Risk of Death
5. Breach must amount to gross negligence

Question 11

Assault

Answer 11

1. Intention or Recklessness
2. Apprehension
3. Unlawful
4. Immediate
5. Personal Violence

Question 12

Battery

Answer 12

1. Intention or Recklessness
2. Unlawful force
3. Can be committed indirectly or by omission
4. Defence : Consent

Question 13

S47 OAPA ABH

Answer 13

1. Assault or Battery
2. Causation - Legal and Factual
3. Injury Sustained

Question 14

GBH

Answer 14

1. Cause a wound (both layers of skin broken
2. Requires serious harm
3. S20 - Intention or Recklessness Regarding Some Harm
4. S18 - Intention to cause serious harm or resist arrest

Question 15

GBH Consent

Answer 15

1. Surgery
2. Body Modification
3. Religious Practice
4. Sporting Activities
5. Horseplay
6. Sexual Gratification

Question 16

S.1 Theft Act 1968

Answer 16

1. Appropriation of
2. Property belonging to another
3. Dishonesty or
4. Intention to permanently deprive

Question 17

Robbery

Answer 17

1. Theft + Use force or put victim in fear of force

Question 18

Burglary

Answer 18

1. Entry
2. Building or Part of Building
3. Act as Trespasser
4. Knowingly or Recklessly

Question 19

Burglary 9(1)(a)

Answer 19

Intention to commit Theft, GBH, Criminal Damage

Question 20

Burglary 9(1)(b)

Answer 20

After entering defendant commits theft or GBH

Question 21

Aggravated Burglary

Answer 21

Defendant possesses firearm. weapon of offence or explosive

Question 22

Fraud by False Representation

Answer 22

1. Misleading Statement
2. Representation by machine or agent
3. Dishonesty
4. Gain or Loss

Question 23

Fraud by Failure to Disclose

Answer 23

1. Omission
2. Legal Duty to Disclose/Failure to Disclose
3. Dishonesty
4. Intention to make gain or loss

Question 24

Fraud by Abuse of Position

Answer 24

1. Occupies safeguarding position
2. Position is abused
3. Dishonesty
4. Intention to make gain or loss

Question 24

Defences to Criminal Damage

Answer 24

1. Honest belief owner would consent 2. Honest belief property needs protection

Question 25

Criminal Damage

Answer 25

1. Damage 2. Property 3. Property must belong to another 4. Intention or Recklessness

Question 26

Aggravated Criminal Damage

Answer 26

1. Criminal Damage plus 2. Intention or Recklessness 3. Endangerment to life 4. By damage to property

Question 27

Arson

Answer 27

Criminal Damage by Fire Damage caused by smoke does not count

Question 28

Unfit to Plead

Answer 28

1. Sufficient Intellect 2. Comprehend Court Proceedings 3. Challenge Jurors 4. Comprehend Evidence

Question 29

Accessorial Liability

Answer 29

1. Aid 2. Abet 3. Counsel 4. Procure

Question 30

Factual Impossibility

Answer 30

Liability not avoided

Question 31

Legal Impossibility

Answer 31

Does avoid liability

Question 32

Specific Intent Offences

Answer 32

May be able to rely on intoxication

Question 33

Self-Defence: Householder Exception

Answer 33

Greater force can be used, but cannot be grossly disproportionate