Criminal Law – Core Concepts & Cases

A comprehensive set of flashcards covering key doctrines, procedures, burdens, offences, defences and landmark cases in criminal law as presented in the lecture notes.

How is criminal law distinguished from tort and contract law in terms of public and private spheres?

Criminal law is public law because it affects society at large; tort and contract are private law because they primarily regulate relationships between private individuals.

What are two primary purposes of criminalizing conduct besides punishment?

Setting behavioural standards that reflect societal values and deterring others from engaging in prohibited conduct.

Which Act is the cornerstone of police powers and evidence gathering in England and Wales?

The Police and Criminal Evidence Act 1984 (PACE).

What does PACE Code A regulate?

Stop-and-search powers.

Which PACE code deals with the detention, treatment and questioning of suspects (non-terrorism)?

Code C.

List the five main stages of the criminal process.

Investigation, Arrest & Charge, First Court Appearance, Trial, Verdict & Sentencing.

Who decides issues of fact in a Crown Court trial?

The jury.

Differentiate between summary, either-way, and indictable offences by court of trial.

Summary: Magistrates’ Court only; Either-way: Magistrates’ or Crown Court depending on seriousness; Indictable: always Crown Court with a jury.

What is meant by the evidential burden on a defendant?

The need to produce some evidence that raises a viable issue before the jury; no standard of proof is required from the defence.

Under Woolmington v DPP (1935), who bears the legal burden of proof in criminal cases?

The prosecution, who must prove guilt beyond reasonable doubt.

Define actus reus in simple terms.

The external elements of an offence – the prohibited act, omission, consequence or circumstances.

Give an example of a ‘conduct’ crime.

Drink-driving (the act of driving while over the limit is the offence regardless of consequence).

What test from R v White determines factual causation?

'But for' test – but for the defendant’s act, would the result have occurred?

State the de minimis rule for legal causation.

The defendant’s conduct must be more than a minimal cause of the prohibited consequence.

Explain the thin-skull rule.

Take your victim as you find them – the defendant is liable for the full extent of harm even if the victim has a pre-existing vulnerability.

What is a novus actus interveniens?

A new intervening act that breaks the chain of causation between the defendant’s conduct and the result.

Which case illustrated that turning off the engine while a police officer’s foot was trapped can form actus reus through continuing act?

Fagan v Metropolitan Police Commissioner.

How did R v Pagett (1983) treat acts of third parties in causation?

Police return-fire was reasonably foreseeable and did not break the chain; defendant remained liable.

List the five categories that create a duty to act leading to criminal liability for omissions.

Special relationship, voluntary assumption of care, contractual duty, statutory duty, creating a dangerous situation.

Which case established liability for failure to avert danger one has created (dangerous situation)?

R v Miller (1983).

Define direct intent.

Defendant’s aim or purpose is to bring about the prohibited consequence.

What two-stage test for oblique intent was approved in R v Woollin?

Death or serious injury is virtually certain from D’s act, and D appreciates that virtual certainty.

How is subjective recklessness defined after R v Cunningham?

Defendant foresaw a risk of harm and unreasonably went on to take that risk.

What objective recklessness test was introduced in MPC v Caldwell (now largely abandoned)?

Whether an obvious risk would have been apparent to the reasonable person, and the defendant failed to consider it.

State Sir Edward Coke’s classic common law definition of murder in one phrase.

Unlawfully killing a reasonable creature in being under the Queen’s peace with malice aforethought.

What four mental states satisfy malice aforethought for murder?

Intention to kill, intention to cause GBH, foresight of death as virtually certain, foresight of GBH as virtually certain.

What rule about the timing of death was abolished by the Law Reform (Year and a Day Rule) Act 1996?

Death must occur within a year and a day of the injurious act.

Which partial defence can reduce murder to manslaughter when the defendant’s mental responsibility is substantially impaired?

Diminished Responsibility (Homicide Act 1957 as amended by Coroners and Justice Act 2009).

Name three abilities that must be substantially impaired for diminished responsibility.

Understanding the nature of conduct, forming a rational judgment, exercising self-control.

What is required for the defence of loss of control under s.54–55 CJA 2009?

Loss of self-control, a qualifying trigger (fear of serious violence or extremely grave wrong), and an objective test of a person of D’s age and sex with normal tolerance acting similarly.

Under s.54(4) CJA 2009, when is loss of control not available?

If D acted in a considered desire for revenge.

Why was Clinton (2012) significant for loss of control?

It clarified that sexual infidelity alone is excluded but may be relevant with other factors; allowed appeal where multiple provocative factors existed.

State the four-part Adomako test for gross negligence manslaughter.

Duty of care, breach of duty, breach caused death, breach was grossly negligent and deserving of criminal punishment.

In gross negligence manslaughter, whose viewpoint sets the ‘gross’ threshold?

The jury, guided to decide whether the negligence was so exceptionally bad as to be criminal.

Define constructive (unlawful act) manslaughter in one sentence.

Where D intentionally commits a dangerous unlawful act that a reasonable person would see as risking harm and that act causes death.

Which case confirmed that mere omissions cannot found constructive manslaughter?

R v Lowe (1973).

What test of dangerousness for unlawful act manslaughter was set in R v Church?

Would a sober and reasonable person recognise the act as subjecting the victim to the risk of some harm?

How did Kennedy (No.2) 2007 adjust causation for drug-injection deaths?

Self-injection by a fully informed adult breaks the causal chain, absolving the supplier of liability for death.

Give the legal test for insanity from the M’Naghten Rules.

Defect of reason, caused by disease of the mind, so that D either did not know the nature and quality of the act or did not know it was wrong.

What diabetic state counts as insanity and why?

Hyperglycaemia (high blood sugar) because it is an internal factor: disease of the mind (R v Hennessy).

Which opposite diabetic condition falls under non-insane automatism?

Hypoglycaemia (low blood sugar) – external factor from excess insulin (R v Quick).

State Lord Denning’s definition of automatism.

An act done by the muscles without any control by the mind, or by a person not conscious of what they are doing.

What must be shown for non-insane automatism to succeed?

Total loss of voluntary control caused by an external factor.

In AG’s Reference (No.2 of 1992), why did automatism fail?

Because the lorry driver retained some control (‘driving with his eyes open’) – only partial loss, not total.

What are the five recognised medical conditions often accepted for diminished responsibility?

Schizophrenia, psychosis, psychopathy, organic brain disorder, severe depression (plus other recognised disorders).

How does intoxication interact with diminished responsibility post-Dietschmann?

If a recognised medical abnormality substantially impaired D, the jury may ignore the contributory effect of alcohol and still allow the defence.

Which element of loss of control was removed compared to the old provocation defence?

The requirement that the loss of control be sudden.

Name the two statutory sources of criminal law.

Statute and common law.

What standard of proof must the prosecution achieve in criminal trials?

Beyond reasonable doubt (or ‘so that you are sure’).

Who issues the PACE codes of practice?

The Secretary of State, under s.66 PACE 1984.

Define ‘summary offence’ by maximum penalty example.

Minor offences such as most driving matters, punishable by fines, community orders, or short imprisonment.

What is the maximum sentence for indictable offences like murder?

Life imprisonment.

Which body conducts most prosecutions on behalf of the state in England and Wales?

The Crown Prosecution Service (CPS).

Explain ‘reasonable creature in rerum natura’.

A human being who is alive and independent of the mother – only such a being can be the victim of murder.

According to AG’s Ref (No.3 of 1994), is a foetus a reasonable creature?

No; the foetus is not a legal person until born alive and independent.

What is meant by ‘under the Queen’s peace’?

The victim must not be an enemy combatant killed during lawful war; peace-time killings satisfy the element.

Why was R v Blaue important for causation?

It applied the thin-skull rule to religious refusal of medical treatment – D remained liable for death.

Give an example of a contractual duty leading to liability for omission.

R v Pittwood – gatekeeper failed to close railway gate, causing death.

Which case illustrates voluntary assumption of care creating a duty to act?

R v Stone and Dobinson – failure to care for anorexic relative leading to death.

What objective question must the jury consider in the third limb of loss of control?

Whether a person of D’s age and sex with normal tolerance in D’s circumstances might have reacted similarly.

State one criticism of the ‘revenge exclusion’ in s.54(4) CJA 2009.

No statutory guidance on what level of consideration amounts to ‘revenge’, leaving uncertainty for judges and juries.

Which case replaced Jordan as authority on medical negligence rarely breaking the causal chain?

R v Cheshire (1991).

How does the law treat drug dealers who inject versus hand over syringes?

If D injects the victim (Cato), chain unbroken; if victim self-injects (Kennedy), chain broken.

What is required for the unlawful act element in constructive manslaughter per R v Franklin?

The act must itself be a criminal offence, not merely a civil wrong.

In gross negligence manslaughter, whose standard is used to judge breach?

That of a reasonable person with the same skills or expertise as the defendant.

What is the ‘golden thread’ of English criminal law, per Viscount Sankey?

The duty of the prosecution to prove the prisoner’s guilt.

Describe the relationship between actus reus and mens rea when they occur at different times, citing a case.

A continuing act or single transaction can align AR and MR, e.g., Thabo Meli; alternatively, MR preceding AR can suffice (R v Church).

Which statute abolished capital punishment for murder in the UK?

Murder (Abolition of Death Penalty) Act 1965 (contextual knowledge for exams).

What is ‘objective recklessness’ and which leading case introduced it?

Failure to consider an obvious risk apparent to the reasonable person; introduced in MPC v Caldwell (1982).

Under which circumstances can a doctor avoid homicide liability when withdrawing treatment?

If treatment is no longer in the patient’s best interests and withdrawal merely allows natural death, it can be lawful (Airedale NHS Trust v Bland).

Name the five PACE codes dealing with suspect handling, from arrest to interview recording.

C (detention & questioning), D (identification), E (audio recording), F (visual recording), H (terrorism detention).

What two questions summarise causation issues for juries (per lecture summary)?

Did D cause V’s death in fact (‘but for’) and in law (more than minimal, no break in chain)?

Which non-fatal offence is committed by intentionally or recklessly causing another to apprehend immediate unlawful violence?

Assault.

Why can constructive manslaughter be called ‘involuntary’ even though D had mens rea for an offence?

Because D lacked mens rea for causing death; liability is built upon the lesser intentional unlawful act.

What distinguishes manslaughter by gross negligence from civil negligence?

Negligence must be so grossly negligent as to be criminal: exceptional disregard for life and safety.

What is the main practical consequence of succeeding with diminished responsibility or loss of control?

Conviction is reduced from murder to voluntary manslaughter, avoiding the mandatory life sentence.

If a defendant suffers an epileptic seizure and crashes a car, which defence is potentially available?

Non-insane automatism (external cause – seizure).

How can ‘dangerousness’ in unlawful act manslaughter be assessed when the victim is frail but risk appears minor?

Reasonable person is taken to know victim’s general frailty if apparent; risk of ‘some harm’ suffices (Dawson distinguished where risk not obvious).

What statutory maximum penalty applies for summary offences like common assault?

Six months’ imprisonment and/or a fine (unless otherwise provided by statute).

Who decides whether there is sufficient evidence and public interest to prosecute?

The Crown Prosecution Service (following the Full Code Test).

Define ‘mens rea’.

The mental element or guilty mind required for a particular offence.

Which case shows that an abnormality of mental functioning must arise from a recognised medical condition for DR?

R v Byrne (1960).

What doctrine allows multiple elements of actus reus and mens rea to be connected over time?

Continuing act / transaction principle.

When does medical negligence break the chain of causation under the current law?

Only if it is so independent and potent in causing death that D’s contribution is insignificant (Cheshire).