Criminal Law Basics

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16 Questions

What is the term for the physical element of a crime?

Actus Reus

What is the necessary intent for the crime of murder?

Intent to kill or cause GBH

What is the defence of 'Diminished Responsibility' used to reduce?

Murder to manslaughter

What is the term for the mental element of a crime?

Mens Rea

What is the difference between theft and robbery?

Theft is without force, robbery is with force

What is the result of an act or omission that leads to harm or injury?

Actus Reus

What is the term for the crime of entering a building as a trespasser with intent to commit an offence?

Burglary

What is the term for intentionally or recklessly applying force to another person?

Assault

What is the difference between Murder and Manslaughter?

Malice aforethought is present in Murder, but not in Manslaughter

What is the term for assault or battery that results in physical harm?

Actual Bodily Harm

What is the term for intentionally causing Grievous Bodily Harm?

Malicious Wounding

What is the term for the guilty mind or intention that accompanies the actus reus?

Mens Rea

What is the term for assault or battery that does not result in physical harm?

Common Assault

What is the term for the crime of unlawfully killing another person with malice aforethought?

Murder

What is the term for assault or battery that results in serious physical harm?

Grievous Bodily Harm

What is the term for killing with intent, but with a partial defence?

Voluntary Manslaughter

Study Notes

Actus Reus

  • The physical element of a crime
  • The guilty act that leads to the commission of a crime
  • Can be an act or an omission (failure to act)
  • Must be voluntary and intentional

Mens Rea

  • The mental element of a crime
  • The guilty mind that accompanies the actus reus
  • Intent, recklessness, or negligence can be forms of mens rea
  • Must be present at the time of the actus reus

Types of Crimes

  • Murder: Unlawful killing with intent to kill or cause GBH
  • Manslaughter: Unlawful killing without intent, but with recklessness or negligence
  • Assault: Intentional application of force to another person, or intentional creation of a fear of force
  • Battery: Actual application of force to another person
  • Theft: Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it
  • Robbery: Theft accompanied by the use or threat of force

Defences

  • Insanity: The defendant did not have the capacity to form the necessary mens rea due to a mental defect
  • Diminished Responsibility: The defendant's responsibility was diminished due to a mental abnormality, reducing murder to manslaughter
  • Self-Defence: The defendant used reasonable force to defend themselves or another
  • Consent: The victim gave informed and voluntary consent to the act
  • Necessity: The defendant committed the act to prevent a greater evil or harm
  • Duress: The defendant was forced to commit the act due to threats or coercion

Non-Fatal Offences Against the Person

  • GBH: Causing grievous bodily harm, which is really serious harm
  • ABH: Causing actual bodily harm, which is less serious than GBH
  • Common Assault: Assault or battery that is not serious enough to be GBH or ABH

Property Offences

  • Burglary: Entering a building as a trespasser with intent to commit an offence
  • Criminal Damage: Destroying or damaging property belonging to another
  • Theft Act 1968: A range of property offences, including theft, robbery, and burglary

Test your knowledge of criminal law fundamentals, including actus reus, mens rea, types of crimes, defences, and property offences. Learn about murder, manslaughter, assault, theft, and more.

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