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Questions and Answers
What is the term for the physical element of a crime?
What is the term for the physical element of a crime?
What is the necessary intent for the crime of murder?
What is the necessary intent for the crime of murder?
What is the defence of 'Diminished Responsibility' used to reduce?
What is the defence of 'Diminished Responsibility' used to reduce?
What is the term for the mental element of a crime?
What is the term for the mental element of a crime?
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What is the difference between theft and robbery?
What is the difference between theft and robbery?
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What is the result of an act or omission that leads to harm or injury?
What is the result of an act or omission that leads to harm or injury?
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What is the term for the crime of entering a building as a trespasser with intent to commit an offence?
What is the term for the crime of entering a building as a trespasser with intent to commit an offence?
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What is the term for intentionally or recklessly applying force to another person?
What is the term for intentionally or recklessly applying force to another person?
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What is the difference between Murder and Manslaughter?
What is the difference between Murder and Manslaughter?
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What is the term for assault or battery that results in physical harm?
What is the term for assault or battery that results in physical harm?
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What is the term for intentionally causing Grievous Bodily Harm?
What is the term for intentionally causing Grievous Bodily Harm?
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What is the term for the guilty mind or intention that accompanies the actus reus?
What is the term for the guilty mind or intention that accompanies the actus reus?
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What is the term for assault or battery that does not result in physical harm?
What is the term for assault or battery that does not result in physical harm?
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What is the term for the crime of unlawfully killing another person with malice aforethought?
What is the term for the crime of unlawfully killing another person with malice aforethought?
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What is the term for assault or battery that results in serious physical harm?
What is the term for assault or battery that results in serious physical harm?
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What is the term for killing with intent, but with a partial defence?
What is the term for killing with intent, but with a partial defence?
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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
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Description
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.