Absolute Essentials for Criminal Law

Murder Actus Reus

Unlawful Killing

Reasonable Creature in Being

Under the King’s Peace

Causation

Murder Mens Rea

Express malice (intention to kill) OR
Implied malice (intention to GBH)

Loss of Control Defence Elements

Loss of Control

Qualifying Trigger (fear of violence or things said and done)

Person of same sex/age would have reacted the same

Diminishes Responsibility Defence Elements

Abnormal Mental Functioning

Which arose from a recognised medical condition

Substantially impaired D’s ability to:

• understand nature of conduct

• form a rational judgement, or

• exercise self control

Provides an explanation for the D’s acts/omissions

Unlawful Act Manslaughter AR

Unlawful act

Which is dangerous

Which causes death

Unlawful Act Manslaughter MR

Mens rea for the unlawful act

Gross Negligent Manslaughter AR (no MR)

Duty of care

Breach of duty

Serious and obvious risk of death at the time of breach

Such a risk was reasonably foreseen at the time of breach

Causation

Breach of duty was gross

Assault AR

Act

Apprehend the infliction of

Immediate

Unlawful force

Assault MR

Intention or recklessness to cause apprehension of unlawful force

Battery AR

Infliction

Force

Unlawful

Battery MR

Intention or recklessness to apply unlawful force to another

s.47 ABH AR

Assault or battery

Occasioning

ABH

s.47 ABH MR

Mens rea of the underlying assault or battery

s.20 GBH and Wounding AR

Wound or GBH

Inflicts (cause)

s.20 GBH and Wounding MR

Intention or recklessness to cause some harm

s.18 GBH and Wounding AR

Wound or GBH

Causation

s.18 GBH and Wounding MR

Intention to cause GBH or intension to resist lawful arrest

Theft AR

Appropriation

Property

Belonging to another

Theft MR

Dishonestly

Intention to permanently deprive

Robbery AR

Completed theft

Uses/threatens force

Immediately before or at the time of stealing

In order to steal

Robbery MR

Intention to steal

Intention to use force or threat of force

Burglary s9(1)(a) AR

Entry

Building or part of building

Trespasser

Burglary s9(1)(a) MR

Intent or recklessness as to the trespass

Intention (upon entry) to commit either:

• theft

• GBH

• criminal damage

Burglary s9(1)(b) AR

Entry

Building or part of building

Trespasser

Steals or attempts to OR

Commits or attempts to commit GBH

Burglary s9(1)(b) MR

Intent or recklessness as to the trespass

MR for theft or GBH or attempt

Insanity defence elements

defect of reason

from a disease of the mind

does not know nature and quality of the act he was doing

or if he did know it, that he did not know he was doing what was legally wrong

Automatism defence

involuntary act

caused by an external factor

was it self-induced?

Intoxication defence

voluntary or involuntary?

basic or specific intent offence?

is d too intoxicated to form the mens rea?

did d form the mens rea before intoxication?

Self defence defence

permitted purpose

did the d honestly believe the use of force was necessary to protect themselves or another?

was the amount of force used reasonable?

Duress by threats defence

must be a threat to cause death or serious injury

threat must be directed against the D or their immediate family or someone close to them

whether the D acted reasonably in the light of the threats will be judged objectively (graham 2 part test)

threats relate directly to the crime committed by the D

there was no evasive action the D could’ve taken

the D cannot use the defence if they have voluntarily laid themselves open to the threats

Duress by circumstance defence

there must be a peril of death or serious injury

Graham test

• a. was the d compelled to act because they reasonably feared serious injury or death?

• b. would a sober person of reasonable firmness have responded in the same way?

no avenue of escape the d could have taken

threat need not be immediate but it must be imminent

the d cannot use the defence if they have voluntarily laid themselves open to the duress

Consent defence

is the level of harm beyond battery

does an exception apply

does victim consent to the nature and quality of the act (is it real/informed/mistaken?)

Attempts AR

act (not an omission)

beyond the merely preparatory in the commission of an offence

impossibility (factual and legal) does not rule out attempt

Attempts MR

intention to commit that offence