Criminal Law Concepts Quiz

Mens Rea

• Mens rea refers to the mental element of a crime, encompassing intent, knowledge, or recklessness
• Intent: The defendant intended to commit the act
• Recklessness: The defendant was aware of the risk of harm but chose to ignore it
• Negligence: The defendant failed to meet the expected standard of care of a reasonable person

Recklessness

• Recklessness involves taking an unjustified or unreasonable risk
• Cunningham recklessness: A subjective standard, the defendant was aware of the risk of harm but chose to ignore it
• Caldwell recklessness: An objective standard, applies to criminal damage

Knowledge and Belief

• Some criminal offences require knowledge or belief as the mens rea element
• Theft Act 1968: The defendant must know or believe the property belongs to another person.
• Misuse of Drugs Act 1971: The defendant must know or believe the substance is a controlled drug

Negligence

• Negligence is a form of mens rea involving a failure to meet the expected standard of care.
• Examples include statutory offences relating to driving or causing harm to a vulnerable adult.

Vicarious Liability

• Vicarious liability holds a defendant accountable for the actions or omissions of another person.
• Exceptions:
  • Delegation principle
  • Attribution principle

Corporate Liability

• Corporations can be held liable for the acts or omissions of their employees or agents.

Defences

• Defences challenge the prosecution's case.
  • General Defences: Apply to all offenses, e.g., insanity, automatism.
  • Specific Defences: Apply to particular offenses, e.g., self-defense, duress.
• Insanity: A defence used when the defendant is not criminally responsible due to a mental illness. The MNaghten Rules are used to assess insanity.

Automatism

• Automatism is a defence arguing the defendant was not in control of their actions due to an external factor (e.g., reflex action or muscle spasm).

Intoxication

• Intoxication can be a defence in certain circumstances.
  • Involuntary intoxication: The defendant did not choose to become intoxicated
  • Voluntary intoxication: The defendant chose to become intoxicated

Alternative Approaches to Mens Rea

• Approaches consider diminished responsibility and loss of control for a more nuanced interpretation of intoxication and criminal culpability.

Mistake

• A mistaken belief about the circumstances to their actions, where their intoxication caused the mistake, could be a valid defence.

Self-Defence

• Defence used when an individual's intoxication affects their ability to form a reasonable belief about the need for self-defence.

Duress

• In general, the defence is where an individual commits a crime due to a threat of harm or death.

Omissions

• Omissions refer to a failure to act in a situation where a duty exists.
• There is no general duty to save a person in distress, unless a specific relationship exists.

Actus Reus

• Actus reus refers to the guilty act or omission in a criminal offence.
• Elements include conduct, consequences, and circumstances, all to be proven beyond reasonable doubt.

Sexual Offences

• Sexual offences involve non-consensual or coercive sexual activity.
• The Sexual Offences Act 2003 provides a framework.
• Rape: Non-consensual sexual intercourse
• Consent: Voluntary and informed agreement to sexual activity.
• Elements of Rape: Penile penetration of the vagina, anus, or mouth of another person, intention to penetrate and no reasonable belief in consent.

Non-Fatal Offences Against the Person

• Non-fatal offences against the person can be categorized into different types, including Assault, Battery, and Assault occasioning actual bodily harm (ABH), Unlawful wounding, and Grievous bodily harm (GBH).

Definition of Key Concepts

• Assault (common law): causing another to apprehend immediate and unlawful force.
• Battery (common law): application of unlawful force to another person.

Section 20: Unlawful and Malicious Wounding/Infliction of Grievous Bodily Harm

• A person is guilty of wounding or inflicting GBH unlawfully and maliciously.

Section 18: Unlawful and Malicious Wounding/Infliction of Grievous Bodily Harm with Intent

• A person is guilty of wounding or inflicting GBH unlawfully, maliciously, and with intent.

Administering a Noxious Thing

• Unlawful and malicious administration of poison or other hazardous substances.

Consent

• Consent is vital in non-fatal offences against the person
• The agreement or permission granted by a person to engage in an activity.

Theft and Robbery

• Theft involves dishonestly appropriating property belonging to another with the intent of permanently depriving the owner of it.
• Robbery involves stealing from a person and using, or threatening to use, force.

Burglary

• Burglary is entering a building or part of a building as a trespasser with the intention of committing an offence.

Blackmail

• Making an unwarranted demand with menaces and intention to gain something or cause loss.

Handling Stolen Goods

• Dishonestly receiving, retaining, removing, disposing of, or realizing stolen goods.

Fraud

• Dishonestly making a false representation for gaining something or causing loss.

Criminal Damage

• Damaging or destroying property belonging to another without lawful excuse.

Drugs and Offences (Misuse of Drugs Act 1971 and Psychoactive Substances Act 2016)

• Legislation covering possession, production, supply of controlled drugs.

Criminal Law as a Branch of Public Law

• Criminal law regulates conduct of individuals & organizations, protecting people and property from harm.

Functions of Criminal Law

• Facilitating orderly change, maximizing individual freedom, promoting social justice, keeping the peace, providing a basis for compromise, maintaining the status quo, and shaping moral standards.

Qualities of the Law

• Fairness, flexibility, and responsiveness to societal changes

Common Law System

• Law based on court decisions, customs, rather than statutes.

Criminalisation

• The process of making certain behaviours illegal to protect society from harm.

Harm Principle

• The only justifiable reason for using force or power is to prevent harm to others.

Enforcing Morality

• Law is used to regulate conduct considered morally wrong, even if it doesn't harm others.

Distinguishing Criminal Law

• Criminal law is a branch of public law that affects society at large, distinct from tort and contract law.

Sources of Criminal Law

• Statutes and common law

Classification of Offences

• Categorising crimes according to severity (e.g., felonies and misdemeanours).

Criminal Justice Process

• Procedures & institutions related to investigation, prosecution, and punishment.

Trial

• Courts where evidence is presented & the accused is given opportunity to defend themselves.
• Right to a trial by jury - fundamental principle.

Standard of Proof

• Level of evidence needed to prove guilt, typically beyond a reasonable doubt.
• Evidential burden – prosecution's obligation to present evidence.

Elements of a Criminal Offence

• The essential components for a crime to be committed, including actus reus (the guilty act) and mens rea (mental state.)

Self-Defense

• Establishing self-defense, factors include the believed need for force, the reasonable amount, and proportionality to the threat.

Pre-emptive Strikes

• Defending in anticipation of an attack.

Duress

• Committing a crime under threat of harm.

Duress Test

• Determining whether a defendant was acting under duress by considering factors like the nature of the threat, direction of the threat, and the defendant's reasonable fear of harm or death.

Necessity

• Defence used to argue that a crime was committed to prevent a greater harm.

Causation (Factual & Legal)

• Determining if and how a defendant's actions caused harm or damage.
• The but for test for determining factual causation.
• Other factors considered for legal causation, including if the defendants acts were more than minimal and if they were a substantial cause.

Novus Actus Interveniens (New Intervening Act)

• An intervening act that breaks the chain of causation between a defendant's actions and the resulting harm.

State of Affairs Crimes

• Criminal offences related to situations or states of being, (e.g., possession of drugs, occupying a premise without permission).

Murder

• Unlawful killing of a human being with malice aforethought (intent to kill or cause grievous bodily harm).

Voluntary Manslaughter

• Intentional killing, but without malice aforethought, (e.g., loss of self-control or diminished responsibility).

Involuntary Manslaughter

• Unintentional killing, often arising through criminal negligence.
• Gross negligent manslaughter
• Unlawful act manslaughter

Infanticide

• Exception to murder, usually the unlawful act of a mother causing the death of her child under 12 months, during the period of the mother's diminished mental functionality.

Corporate Manslaughter

• Criminal liability for companies and other organizations for acts causing death.

Mens Rea (Intention and Recklessness)

• Different types of intent (direct and oblique) and the concept of recklessness.

Coincidence of Actus Reus and Mens Rea (in time)

• The actus reus and mens rea requirement needs to happen in time

Theft

• The requirements and elements for the offence of theft.
• Appropriation (taking control of property), property (must belong to another), dishonesty, and intention to permanently deprive.

Property

• Definition of property according to the act

Inchoate Offences

• Offences committed in preparation for a substantive offence (e.g. conspiracy, attempt, encouraging or assisting)

Accessorial Liability

• Liability for those who assist or encourage another person to commit crime.

Impossibility

• Defense to conspiracy and attempt.

• Withdrawal from Participation*

• Withdrawal from participation in an offense