A-Level Criminal Law Flashcards

Flashcards based on A-Level Criminal Law detailed notes, covering key concepts and legal principles.

What does Actus Reus (AR) refer to?

The physical element of a crime, which can be an act, an omission, or a state of affairs.

What is the 'but for' test used for in criminal law?

Establishing factual causation (R v White).

What is Mens Rea (MR)?

The mental element or state of mind required for a crime.

Define direct intention, as related to Mens Rea.

Having a clear aim or purpose when committing a crime (R v Mohan).

What is oblique intention in the context of Mens Rea?

Knowing an outcome was virtually certain and foreseeable (R v Woollin).

Define recklessness in criminal law.

Consciously taking an unjustifiable risk (R v Cunningham).

What is transferred malice?

When the Mens Rea can be transferred from the intended victim to the actual victim (R v Latimer).

What must coincide for criminal liability?

Actus Reus (AR) and Mens Rea (MR) must be present at the same time.

What are strict liability offences?

Offences where no Mens Rea is required for at least one element of the Actus Reus.

Define murder in criminal law.

Unlawful killing of a human being under the Queen's peace with malice aforethought.

What is malice aforethought in the context of murder?

Intention to kill or cause grievous bodily harm (GBH) (R v Vickers).

What are the partial defences that can reduce murder to manslaughter?

Loss of Control and Diminished Responsibility.

What is diminished responsibility?

Abnormality of mental functioning from a recognised medical condition (R v Byrne).

What is unlawful act manslaughter?

When a dangerous, unlawful act causes death (R v Church).

What is gross negligence manslaughter?

Breach of duty of care causing death (R v Adomako).

Define common assault.

Causing apprehension of immediate unlawful violence (R v Ireland).

Define battery.

Applying unlawful force (Collins v Wilcock).

What constitutes Actual Bodily Harm (ABH) under Section 47 of the OAPA 1861?

Assault or battery causing actual bodily harm, which is more than transient or trifling (R v Miller).

What is required for Section 20 GBH?

Unlawful wounding or inflicting GBH with foresight of some harm (R v Mowatt).

What is required for Section 18 GBH?

Causing GBH or wounding with intent to cause serious harm (R v Belfon).

Define theft according to the Theft Act 1968.

Appropriation of property belonging to another with dishonest intent and intention to permanently deprive.

Define robbery.

Theft with use or threat of force immediately before or during the theft (R v Dawson & James).

What must the defendant do to be charged for an attempt of a crime?

An act which is more than merely preparatory (Criminal Attempts Act 1981).

What are the M'Naghten rules related to?

The defence of insanity.

Define automatism as a defence.

Involuntary actions due to external factors (e.g., sleepwalking, blow to the head).

Is voluntary intoxication a defence for basic intent crimes?

No, voluntary intoxication is not a defence for basic intent crimes (R v Majewski).

Is involuntary intoxication a defence?

Yes, involuntary intoxication may negate Mens Rea.

What is duress?

Threat of death or serious injury forces the defendant to commit a crime (R v Graham).

What is the literal rule in statutory interpretation?

Applying the ordinary meaning of the words (R v Harris).

What is the golden rule in statutory interpretation?

Modifying the literal meaning to avoid absurdity.

What is the mischief rule in statutory interpretation?

Focusing on remedying the mischief Parliament intended (Heydon's Case).

Define 'stare decisis'.

'Stand by the decided' - the basis of judicial precedent.

What is the ratio decidendi?

The binding part of a judgment.

What is obiter dicta?

Persuasive comments in a judgment.

What type of offences do Magistrates handle?

Summary offences.

What type of offences do Crown Court handle?

Indictable offences.

What is Utilitarianism?

Maximising overall happiness.

What is Retributivism?

Punishment as deserved response.