Criminal offences and requirements

Question 1

Diminished responsibility

Answer 1

Abnormality of mental functioning
Arising from a recognised mental condition
Substantially impaired D’s ability to:
-conduct
-form a rational judgment
-exercise self-control
Provides an explanation for D’s conduct

Question 2

Loss of control

Answer 2

Qualifying trigger (fear of serious violenceand/or attributable to something done or said which constituted circumstances of extremely grave character and justifiable sense of feeling seriously wronged)
Normal person might have acted in this way (ordinary tolerance and self-restraint - factors will not be considered which would affect normal tolerance and self-restraint)

Question 3

Basic criminal damage (or arson)

Answer 3

AR:
Destroy or damage (by fire)
Property
Belonging to another
Without lawful excuse

MR:
Intention or recklessness as to destruction or damage to property belonging to another

Question 4

Aggravated criminal damage (or arson)

Answer 4

AR:
Destroy or damage (by fire)
Property

MR:
Intention or recklessness as to destruction or damage of property
Intention or recklessness as to the endangerment of life by the damage or destruction

Question 5

Theft

Answer 5

AR:
Appropriation
Property
Belonging to another

MR:
Dishonestly
Intention to permanently deprive

Question 6

Robbery

Answer 6

AR:
Theft
Force (uses/seeks)
On any person
Use/threat of force immediately before/at the time of stealing

MR:
Intend to use force in order to steal

Question 7

S9(1)(a) burglary

Answer 7

Enter as a trespasser and
Have intention to commit an ulterior offence of stealing; inflicting GBH; or unlawfully damage property.

Question 8

S9(1)(b) burglary

Answer 8

Entered as a trespasser
Steal or attempt to steal or inflict or attempt to inflict GBH

Question 9

Aggravated burglary

Answer 9

Commits any burglary
And at time has any firearm or imitation firearm, any weapon of offence, or any explosive.

Question 10

Fraud by false representation

Answer 10

Dishonestly makes a false representation and
Intend
(i) to make a gain for himself or another
(ii) To cause a loss to another or to expose another to risk of loss
(only intention is needed - immaterial whether a gain or loss was actually caused)

Question 11

Fraud by failure to disclose

Answer 11

(a) Dishonestly fails to disclose information which they are under a legal duty to disclose and
(b) intends by failing to disclose
(i) to make a gain for themselves/another
(ii) cause loss to another/expose another to risk of loss

Question 12

Fraud by abuse of position

Answer 12

(a) occupies a position in which they are expected to safeguard/not to act against financial interests of another (objective test based on position of reasonable person)

(b) dishonestly abuses that position

(c) intends by means of the abuse of position to:
(i) make a gain for himself or another
(ii) to cause loss to another or expose another to risk of loss

(2) can abuse your position by an omission rather than an act.

Question 13

Assault

Answer 13

AR: causing the victim to apprehend immediate unlawful personal violence
MR: intentionally or recklessly causing another to apprehend immediate unlawful personal violence

Question 14

Battery

Answer 14

AR: Application of unlawful force
MR: Intention or recklessness as to applying unlawful force on another person

Question 15

ABH

Answer 15

AR: Assault or battery
Occasioning
ABH

MR: mens rea for assault or battery

Question 16

Malicious wounding or inflicting GBH (s20)

Answer 16

AR: Wound or inflict GBH
MR: Intend/reckless of causing some harm

Question 17

Malicious wounding or inflicting GBH (s18)

Answer 17

AR: Wound or inflict GBH
MR: Intend to cause GBH (serious harm)

Question 18

Unlawful act manslaughter

Answer 18

D intentionally (voluntarily) did an act
The act was unlawful
The unlawful act was dangerous (objective test: where the sober and reasonable person would recognise the risk of some harm, not serious harm)
The caused the death of the victim

Question 19

Gross negligence manslaughter

Answer 19

Duty of care
Breach of duty
Breach caused death
Risk of death
Breach was sufficiently serious to constitute gross negligence

Question 20

Self-defence

Answer 20

(1) D honestly believed that the use of force was necessary (can’t rely on mistake induced by voluntary intoxication) AND
(2) The level of force D used was objectively reasonable in the circumstances D believed them to be (householder v non-householder)

Question 21

Who has the burden of proving self-defence, diminished responsibility and loss of control?

Answer 21

Prosecution disproving beyond reasonable doubt for self-defence and loss of control
Defence to prove on balance of probabilities for diminished responsibility

Question 22

What does aid, abet, counsel, procure mean?

Answer 22

Aid - give help, support or assistance to principal offender (e.g. materials, tools, information, holding down victim) - need be no ‘but for’ causation nor a consensus

Abet - incite, instigate or encourage art time of offence (no casual link but principal must know they are being abetted)

Counsel - advice or encouragement before offence (no causal link but must be contact between parties before and connection between counselling and offence)

Procure - to endeavour (must be casual link between D’s action and offence) - e.g. D adding alcohol to P’s drink without his knowledge and then P driving over limit

Question 23

What are the lawful excuses for criminal damage? When can lawful excuses not be used?

Answer 23

1) believes owner would have consented to damage (doesn’t have to reasonable, just needs to be honestly held - can include where belief resulted from intoxication (unlike self-defence))
2) Where D acts to protect their or another’s property:
(a) Acts to protect property
(b) believes property was in immediate need of protection
(c) Subjectively believed means of protection were reasonable
(d) Means were objectively capable of protecting property

Lawful excuses cannot be used for aggravated criminal damage!

Question 24

What are the elements of consent?

What can you consent to?

What are the exceptions?

Answer 24

Victim consented + D believed victim consented (inc. either where D wrongly believed victim consented or victim consented, but D was not aware)

Only consent to assault or battery
Consent is available to ABH or worse if D only intended to commit a battery with consent, and did not see risk of inflicting ABH

V can consent to ABH or above if:
-Medical treatment
-Sport (reasonably expect during game)
-Horseplay
-Tattooing, body piercing, personal adornment
-Sexual gratification/accidental infliction of harm
-Lawful correction of child

Question 25

When considering whether an act was dangerous for unlawful act manslaughter, what is the test?

Answer 25

Objective test of sober and reasonable person who will have any special knowledge D would have had at the time

Question 26

What attempted aggravated criminal damage/arson, what is required?

Answer 26

Intention to damage the property and
intention or recklessness as to endangering life by damage