Criminal Law

Question 1

Burden of Proof: Prosecution (2)

Answer 1

1. Must prove each and every element of the crime beyond reasonable doubt
2. Legal burden to Disprove

Question 2

Burden of Proof: Defendant (1)

Answer 2

1. Balance of Probabilities

Question 3

Duty to Act arises if (5)

Answer 3

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

Question 4

Factual Causation (2)

Answer 4

1. But for Test
2. Acceleration of Result is Sufficient

Question 5

Legal Causation

Answer 5

Conduct must be substantial (more than minimal) and operative (no break in chain) cause of the outcome

Question 6

Considerations that won’t break the chain of causation (2)

Answer 6

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

Question 7

Considerations that will break the chain of causation (2)

Answer 7

1. Victim’s behaviour is so daft that it is unforeseeable
2. Third Party if Act is Free, Deliberate and Informed

Question 8

Test for Indirect Intention (3)

Answer 8

1. Outcome must be virtually certain consequence
2. Defendant must realise outcome is virtually certain
3. Applies to specific intent offences

Question 9

Recklessness (3)

Answer 9

1. Defendant foresees risk
2. Under circumstances known to defendant, risk is unreasonable to take
3. Applies to Assault, Battery, Wounding or Causing s.20 GBH, Criminal Damage

Question 10

Negligence (2)

Answer 10

1. Did the defendant owe a duty of care
2. Did the defendant breach the standard of care expected

Question 11

Corporate Liability

Answer 11

1. Identification Doctrine - Find a controlling mind

Question 12

Murder (5)

Answer 12

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

Question 13

Voluntary Manslaughter (3)

Answer 13

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

Question 14

Diminished Responsibility (4)

Answer 14

1. Abnormality of mental functioning
2. Recognised medical condition
3. Substantial impairs defendant’s ability
4. Abnormality explains the killing

Question 15

Loss of Control (3)

Answer 15

1. Must lose control
2. Caused by Qualifying Trigger
3. Prosecution must disprove loss of control beyond reasonable doubt

Question 16

Unlawful Act/Involuntary Manslaughter (4)

Answer 16

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

Question 17

Gross Negligence Manslaughter (5)

Answer 17

1. Duty of Care
2. DoC breached - Omission/failing to act is sufficient
3. Factual and Legal Causation
4. Serious Risk of Death
5. Breach must amount to gross negligence

Question 18

Assault (5)

Answer 18

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

Question 19

Battery (4)

Answer 19

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

Question 20

S47 OAPA ABH (3)

Answer 20

1. Assault or Battery
2. Causation - Legal and Factual
3. Low Level Injury Sustained - More than transient or trifling

Question 21

GBH (6)

Answer 21

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
5. Factual and Legal Causation
6. Self- Defence Available

Question 22

GBH Consent (6)

Answer 22

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

Question 23

S.1 Theft Act 1968 (4)

Answer 23

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

Question 24

Robbery (1)

Answer 24

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

Question 25

Burglary (4)

Answer 25

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

Question 26

Burglary 9(1)(a)

Answer 26

Intention to commit Theft, GBH, Criminal Damage

Question 27

Burglary 9(1)(b)

Answer 27

After entering defendant commits theft or GBH

Question 28

Aggravated Burglary

Answer 28

Defendant possesses firearm. weapon of offence or explosive

Question 29

Fraud by False Representation (4)

Answer 29

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

Question 30

Fraud by Failure to Disclose (4)

Answer 30

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

Question 31

Fraud by Abuse of Position (4)

Answer 31

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

Question 32

Defences to Criminal Damage (2)

Answer 32

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

Question 33

Criminal Damage (4)

Answer 33

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

Question 34

Aggravated Criminal Damage (4)

Answer 34

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

Question 35

Arson (2)

Answer 35

1. Criminal Damage by Fire 2. Damage caused by smoke does not count

Question 36

Fit to Plead (4)

Answer 36

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

Question 37

Accessorial Liability (4)

Answer 37

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

Question 38

Factual Impossibility

Answer 38

Liability not avoided

Question 39

Legal Impossibility

Answer 39

Does avoid liability

Question 40

Specific Intent Offences

Answer 40

May be able to rely on intoxication

Question 41

Self-Defence: Householder Exception

Answer 41

Greater force can be used, but cannot be grossly disproportionate

Question 42

Duress of Circumstances (2)

Answer 42

1. Defendant's Commission of Offence was Lesser of the Two Evils 2. Does Not Apply to Murder

Question 43

Duress Restrictions

Answer 43

1. Not Available for Murder 2. Threat of Death or Serious Injury 3. Threat Against Individual, Close Relative or Friend 4. Someone else will act the same 5. Sufficiently immediate 6. Cannot rely if they voluntary associated with the maker of the threat 7. If subjected to threats and committed an offence to avoid the threats being realised