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Criminal law > MR and AR > Flashcards

MR and AR Flashcards

1
Q

Mens rea

A

The mental element of the offence

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2
Q

The mental element of the offence

A

Mens rea

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3
Q

Elements of MR

A
  • Intention
  • Subjective recklessness
  • Negligence
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4
Q
  • Intention
  • Subjective recklessness
  • Negligence
A

Elements of MR

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5
Q

Intention

A

A subjective test that assesses whether or not D had any aim, desire or purpose

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6
Q

A subjective test that assesses whether or not D had any aim, desire or purpose

A

Intention

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7
Q

Mohan 1975

A

Direct intention is the ‘decision to bring about’ something

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8
Q

Direct intention is the ‘decision to bring about’ something

A

Mohan 1975

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9
Q

S.8 Criminal Justice Act 1967

A
  • Jury not required to find intention just because the consequence was natural or probable. This is evidence of intention only
  • The jury must look at all other evidence, too
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10
Q
  • Jury not required to find intention just because the consequence was natural or probable. This is evidence of intention only
  • The jury must look at all other evidence, too
A

S.8 Criminal Justice Act 1967

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11
Q

Other than the consequence being natural or probable, what other factors must a jury consider to establish intention?

A
  • Time of day
  • Visibility
  • location
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12
Q

Where is the law of oblique intention found?

A

Nedrick 1986 confirmed in Woollin 1998

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13
Q

Woolin 1998 confirmed in Nedrick 1986

A

The law of oblique intention

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14
Q

What is the law of oblique intention?

A
  • The jury can infer intention if they feel that all the evidence indicates that it is there and that the consequence was a virtual certainty
    AND
  • The defendant knew that the consequence was a virtual certainty
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15
Q
  • The jury can infer intention if they feel that all the evidence indicates that it is there and that the consequence was a virtual certainty
    AND
  • The defendant knew that the consequence was a virtual certainty
A

Oblique intention

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16
Q

What is subjective recklessness?

A

D is aware of the risk but deliberately decides to take it

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17
Q

D is aware of the risk but deliberately decides to take it

A

Subjective recklessness

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18
Q

Subjective recklessness case

A

Gemmell and Richards 2003

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19
Q

Gemmell and Richards 2003

A

Subjective recklessness

20
Q

When is there no fault?

A
  • Lack of MR required
  • Involuntary act
  • Child under 10
  • Legally recognised defence
21
Q

Actus reus

A

Guilty conduct

22
Q

Guilty conduct

A

actus reus

23
Q

Elements of AR

A
  • Voluntary conduct
  • Circumstances
  • Consequence
24
Q
  • Voluntary conduct
  • Circumstances
  • Consequence
A

Elements of AR

25
Q

Hill v Baxter 1958

A

If D had no control over their actions, they cannot fulfil the AR element of voluntary conduct

26
Q

If D had no control over their actions, they cannot fulfil the AR element of voluntary conduct

A

Hill v Baxter 1958

27
Q

In rare instances, D can be convicted even when the act was not intended and occurred through actions against their will

A

Larsonneur 1933

28
Q

Larsonneur 1933

A

In rare instances, D can be convicted even when the act was not intended and occurred through actions against their will

29
Q

You cannot be liable for an omission unless you have a:

A
  • Statutory duty
  • Contractual duty
  • Official position
  • Duty voluntarily undertaken
  • Relationship with the victim
  • Dangerous situation created by D
30
Q

Statutory duty

A

Road Traffic Act 1988

31
Q

Road Traffic Act 1988

A

Statutory duty

32
Q

Contractual duty

A

Pittwood 1902

33
Q

Pittwood 1902

A

Contractual duty

34
Q

Relationship with the victim

A

Gibbons and Proctor 1918

35
Q

Gibbons and Proctor 1918

A

Relationship with the victim

36
Q

Duty voluntarily undertaken

A

Stone and Dobinson 1977

37
Q

Stone and Dobinson 1977

A

Duty voluntarily undertaken

38
Q

Dangerous situation created by D

A
  • Evans 2009
  • Miller 1983
  • Santa- Bermudez 2003
39
Q
  • Evans 2009
  • Miller 1983
  • Santa- Bermudez 2003
A

Dangerous situation created by D

40
Q

Official position

A

Dytham 1979

41
Q

Dytham 1979

A

Official position

42
Q

Result crime

A

A crime when a consequence must be proved

43
Q

A crime when a consequence must be proved

A

A result crime

44
Q

With the exception of continuing acts, what must be present for an offence to occur?

A

Coincidence of MR and AR

45
Q

Continuing acts

A
  • Fagan 1969
  • Thabo Meli 1954
46
Q
  • Fagan 1969
  • Thabo Meli 1954
A

Continuing acts

Criminal law (20 decks)

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