Crime

Actus reus

Doing part of the crime or omission

What is the chain of causation

Factual and legal cause with no intervening act

Establishing factual causation

‘But for’ test

Establishing legal causation

Contribution must be more than minimal

Mens rea

Looks at D’s state of mind when committing offence

Levels of intent

Strict liability - reasonable person would otherwise foresee

Negligence

Recklessness

Intention

Murder

Unlawful killing of another human being under the kings peace with malice aforethought

Murder checklist (5)

1. Unlawful killing

2. Of a human being

3. Within kings peace

4. In any country of the realm

5. With malice aforethought

Loss of control checklist

1. Did D lose self control

2. Fear trigger - of serious violence

3. Anger trigger - Said or done of an extremely grave character giving a justified sense of being seriously wronged

4. Normal person test

Normal person test (4)

Person of D’s sex and age

Normal degree of tolerance

In the circumstances of D

Would've acted in the same way

Diminished responsibility checklist

1. Did D have an abnormality of mental functioning

2. Did AMF arise form recognised medical condition

3. Did this substantially impair judgement, ability to form rationing judgement or understand the nature of conduct

4. Does this provide explanation for conduct in killing

5. Consider intoxication - possible ADS

Unlawful act manslaughter checklist

1. Unlawful act - cannot be omission

2. Was it objectively dangerous

3. Did it cause death

4. Did D have mens red for unlawful act

Gross negligence manslaughter checklist

1. Was a duty of car owed

2. Was the duty breached

3. So gros sis should be judged criminal (adomako)

The non fatal offences

Assault - battery

Assault occasioning ABH

s.20 GBH

s.18 GBH

Assault checklist

Words or actions that caused V to apprehend immediate force

Intentionally or recklessly

Battery checklist

Any touching of unlawful force

Intention / recklessly

ABH checklist

Assault / battery leading to interfere with health or comfort

Only need MR for the A/B

GBH checklist

Did D wound or cause GBH

Intention or reckless as to causing some injury (s.20)

Intend serious injury / resisting arrest (s.18)

Non-fats evaluation - Assault + battery

Not clear between offences - people confusion

Not defined and rely on common law

Non-fats evaluation - ABH

‘Assault’ occasioning - can also be battery

ABH not defined

AR + MR do not correspond

Sentence jumps to 5 years from 6 months

Non-fats evaluation - s.20 GBH

No clear definition

‘Malicious’ not defined and makes it sound way more serious

AR + MR not correspond

Sentence is the same as ABH even though much serious offence

Non-fats evaluation - s.18 GBH

Overlap on s.20 as same AR

Cause vs inflict different meaning?

Difference between intent to cause serious injury and just simply resisting arrest

sentence jumps to life even though its the same injury

Theft checklist

1. Dishonestly appropriating property belonging to another with intention to permanently deprive it

2. Dishonest unless consent or owner cannot be found

3. Any assumption of the rights of the owner

4. Property

5. Belonging to another

6. Intention to permanently deprive

Belonging to another checklist

Any one in control doesn’t have hot be owner

s.5(4) property received my mistake

Robbery checklist

1. Theft

2. Force or fear of force

3. On any person, doesn’t have to be against the victim

4. Immediately before or at the time

5. Force to be used in order to steal

6. Mens rea for theft plus force

Burglary checklist

1. Entry

2. Building or part of a building

3. As a tresspasser

4. Mens rea to know or be reckless as to whether they are a trespasser + intention to commit theft, GBH or damage

s.9(1)(a) Buglrary

Enters as a trespasser with intent to steal, inflict GBH or crim damage

s.9(1)(b) Burglary

Entry of a building and then Theft or GBH - no criminal damage

MR separate for both - doesn’t need to have MR at time of entry

Attempts AR + MR

An act which is more than merely preparatory

With intention to commit that offence

Conditional intent

A person intends to do something only if a certain conditions is met

Attempting the impossible case

Shivpuri - Tried to smuggle drugs when instead briefcase was filled with nothing

Self defence checklist

Need for force

Degree of force used

What does consent apply to

Only applies to assault and battery or recognised exceptions - never murder

Recognised exceptions for the rule of consent

Reasonable surgical procedures

Body art

Properly conducted games and sports

Horseplay

Dangerous exhibitions

What makes consent real

Must be consent to the nature and quality of the act

Identity of the person carrying out the act

Duress by threat checklist

Threat of death / serious injury

No safe avenue of escape

Threat was imminent

Direct link between threat and crime

Necessity

In a choice between the two evils, the choice avoiding the greater harm was justified

Insanity checklist

Defect of reason

Resulting form a disease of the mind

Causing D to not know either the nature of their act or what they did wring

Automatism checklist

Involuntary act

External cause

Examples of external causes (4)

Blow to the head

Fit of sneezing

Attack by swarm of bees

PTSD

Self induced automatism

When D knows his conduct is likely to bring about an autonomic state

What crimes can automatism be a defence for and why

Specific intent crimes only as they are unable to form mens rea

Whereas they cannot claim a defence for basic intent as being reckless is enough for the required mens rea

What does the defence of intoxication rely on

Voluntary / Involuntary

Specific / basic intent

Intoxication

Based on failure to form mens rea

Defence of intoxication checklist for specific intent crimes

If D is so intoxicated they are unable to form mens rea they cannot be guilty but may be found guilty of lesser basing intent crime

Defence of intoxication checklist for basic intent crimes

If voluntary D cannot rely of defence

If involuntary and so intoxicated they can’t form mens rea