Criminal Law - Threats and Defenses
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Questions and Answers

What must be true for a threat to be considered effective during the commission of a crime?

  • The threat must relate to the defendant's past actions.
  • The threat must be made by an authority figure.
  • The threat can be general and not necessarily immediate.
  • The threat of death or serious harm must be imminent. (correct)

In assessing whether a defendant acted reasonably under threat, which factor is NOT considered?

  • IQ of the defendant (correct)
  • Pregnancy status of the defendant
  • Age of the defendant
  • Gender of the defendant

Which case established that the cumulative effects of threats should be taken into account?

  • R v Valderrama-Vega (1985) (correct)
  • R v Graham (1982)
  • R v Bowen (1996)
  • R v Hudson and Taylor (1971)

Which of the following statements about threats and crime is accurate?

<p>Threat must be directed against the defendant or someone close. (D)</p> Signup and view all the answers

What aspect of the defendant's mental state is allowed in assessing their actions under threat?

<p>Serious physical characteristics (C)</p> Signup and view all the answers

What is required for an omission to be considered part of the actus reus for murder?

<p>The person must be under a duty to act (D)</p> Signup and view all the answers

According to the legal test, when is a child considered a human being?

<p>If they can live and breathe independently of the mother (D)</p> Signup and view all the answers

What does the mens rea for murder entail?

<p>Intention to kill or cause grievous bodily harm (A)</p> Signup and view all the answers

How does diminished responsibility affect a murder charge?

<p>It can change a murder conviction to voluntary manslaughter (D)</p> Signup and view all the answers

What constitutes a total loss of control for the purpose of voluntary manslaughter?

<p>A complete inability to reason or judge actions (A)</p> Signup and view all the answers

Which of the following is not sufficient for a defense of loss of control?

<p>A momentary lapse into rage (C)</p> Signup and view all the answers

In the context of murder, what does 'transferred malice' refer to?

<p>Intent that is applied to a different victim than originally intended (A)</p> Signup and view all the answers

What is the legal significance of 'under the Queen’s peace' in murder cases?

<p>It indicates that the act of killing was justified because of war (C)</p> Signup and view all the answers

What is a primary characteristic of strict liability offences?

<p>Defendants can be found guilty regardless of the care taken. (A)</p> Signup and view all the answers

In which case was it stated that even a genuine mistake does not absolve the defendant from guilt?

<p>Cundy v Le Cocq (1884) (A)</p> Signup and view all the answers

What principle is supported by the Gammon (Hong Kong) Ltd v AG for Hong Kong case regarding statutory offences?

<p>Clear wording from Parliament is necessary to displace the presumption of mens rea. (C)</p> Signup and view all the answers

What is often a justification for implementing strict liability offences?

<p>To provide greater protection to the public even at the cost of individual rights. (C)</p> Signup and view all the answers

What does the case of Sweet v Parsley (1970) suggest regarding the assumption of mens rea?

<p>The starting assumption is that mens rea is needed unless stated otherwise. (A)</p> Signup and view all the answers

Which of the following offences is primarily focused on protecting children?

<p>R v Prince (1875) (B)</p> Signup and view all the answers

What is the main aim of implementing strict liability offences related to public safety?

<p>To promote higher standards of care by deterring dangerous practices. (B)</p> Signup and view all the answers

Which case emphasizes that gambling is a matter of social concern?

<p>Harrow LBC v Shah (1999) (D)</p> Signup and view all the answers

What does appropriation refer to in the context of theft?

<p>Any assumption by a person of the rights of an owner (C)</p> Signup and view all the answers

In which case was it established that appropriation can occur even if the owner has consented to the taking of property?

<p>Lawrence v Commissioner for Metropolitan Police (B)</p> Signup and view all the answers

What type of property is described as rights that can be enforced against another person by legal action?

<p>Things in action (C)</p> Signup and view all the answers

According to the Theft Act 1968, which of the following is NOT included in the definition of property?

<p>Land ownership (A)</p> Signup and view all the answers

Which case confirmed that even a valid gift could amount to appropriation if the defendant acted dishonestly?

<p>R v Hinks (A)</p> Signup and view all the answers

Under the Theft Act 1968, which of the following is considered tangible personal property?

<p>Car (C)</p> Signup and view all the answers

Which of the following best defines 'things in action' according to the Theft Act 1968?

<p>Rights enforceable through legal action (A)</p> Signup and view all the answers

Which of the following scenarios does NOT qualify as appropriation?

<p>A person allows a friend to take their property for free (C)</p> Signup and view all the answers

What is the maximum sentence for actual bodily harm under S.47 of the Offences Against the Person Act 1861?

<p>Five years imprisonment (C)</p> Signup and view all the answers

What is required as part of the actus reus to prove an offence of actual bodily harm?

<p>An assault or battery causing actual bodily harm (D)</p> Signup and view all the answers

According to legal definitions, what constitutes 'actual bodily harm'?

<p>Any injury that exceeds discomfort (A)</p> Signup and view all the answers

What level of mens rea is required for an offence of actual bodily harm?

<p>Intention or recklessness as to an assault or battery (D)</p> Signup and view all the answers

In the context of grievous bodily harm under S.20 of the Offences Against the Person Act 1861, what does 'unlawfully and maliciously wound' refer to?

<p>Inflicting serious injury either intentionally or recklessly (A)</p> Signup and view all the answers

Which of the following cases confirmed that the mens rea for actual bodily harm does not need the defendant to intend actual bodily harm?

<p>R v Savage (1991) (B)</p> Signup and view all the answers

What is the definition of 'occasioning' in the context of actual bodily harm?

<p>Causing injury through an act (C)</p> Signup and view all the answers

Which of the following conditions is NOT considered to be covered under the definition of 'actual bodily harm'?

<p>Mere feelings of distress or anxiety (B)</p> Signup and view all the answers

What type of offence is grievous bodily harm categorized as under S.20 of the Offences Against the Person Act 1861?

<p>Triable-either-way offence (D)</p> Signup and view all the answers

What must a defendant do if there is a safe avenue of escape available in a situation involving duress?

<p>Pursue the safe avenue of escape (B)</p> Signup and view all the answers

Under what circumstance can a defendant not use the defense of duress?

<p>If they entered a criminal organization willingly (A)</p> Signup and view all the answers

What principle is considered when criminalizing conduct according to the content provided?

<p>Harm to individuals and the community (C)</p> Signup and view all the answers

Which of the following cases established the criteria for claiming duress of circumstances?

<p>R v Abdul-Hussain (1999) (D)</p> Signup and view all the answers

What does the jury determine in cases of duress of circumstance?

<p>Whether the duress is present (A)</p> Signup and view all the answers

What is a potential reason that individuals may not seek police protection in cases of duress?

<p>They may feel that police cannot help them (D)</p> Signup and view all the answers

What must be proven to successfully claim duress as a defense?

<p>That there was an immediate threat of serious harm (D)</p> Signup and view all the answers

Which of the following offences illustrates the harm principle related to criminal conduct?

<p>Murder (D)</p> Signup and view all the answers

Flashcards

Strict Liability Offenses

Criminal offenses where the defendant is guilty regardless of their intent or knowledge. The act itself is enough to establish guilt.

Mens Rea

Criminal intent or guilty mind. The defendant must have intended to commit the crime for liability.

Presumption of Mens Rea

The legal assumption that criminal offenses require a guilty mind, unless clearly stated otherwise by law.

Social or Public Safety Offenses

Strict liability offenses designed to protect the public from harm, even if the defendant took precautions.

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Harrow LBC v Shah (1999)

Landmark case demonstrating strict liability in gambling offenses; liability doesn't depend on the defendant's intentions or precautions.

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Sweet v Parsley (1970)

Case that shows the presumption of mens rea when the law isn't explicitly clear about strict liability.

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Policy Issues (Strict Liability)

Reasons for utilizing strict liability in statutes, often focusing on protecting public health and safety.

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Social Utility (Strict Liability)

Benefits of strict liability offenses in regulating activities with risk to the public, promoting safe practices.

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Murder Actus Reus

In murder, an act (or omission) is part of committing the crime only if there's a duty to act and failing to do so.

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Human Being (Legal)

A legal, not medical, test determining if a person qualifies as a human being, often related to independent existence and breathing ability.

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Murder Mens Rea

Murder requires intention (direct or indirect) to kill or cause serious injury.

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Grievous Bodily Harm (GBH)

In murder cases, GBH means severe harm. It's a legal standard, not just any injury.

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Transferred Malice

If someone intends harm toward one person but accidentally harms another, the intent can transfer to the victim actually harmed in a murder case.

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Loss of Control (Voluntary Manslaughter)

A defense to murder, where the defendant's actions were motivated by a sudden loss of self-control.

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Queen's Peace

Killing an enemy in war isn't a murder, because the enemy is not under this legal protection.

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Voluntary Manslaughter

A partial defense to murder, where a valid reason justifies the killing. It's not a full acquittal but reduces the charge.

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Mens Rea (Assault/Battery)

The defendant's mental state (intention or recklessness) regarding the assault or battery.

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Actual Bodily Harm (ABH)

Physical harm beyond minor injuries; includes psychiatric conditions.

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Actus Reus (ABH)

The physical act of assault or battery that causes actual bodily harm.

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Mens Rea (ABH)

Intention or recklessness related to assault/battery, not necessarily the ABH itself.

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Wound (S.20)

A break in the skin's continuity, requiring a complete separation.

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Mens Rea (GBH/Wounding)

Requires intention or recklessness as to causing GBH or causing a wound.

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Causation (ABH)

The link between the defendant's actions and the harm suffered. Both factual and legal causation must be proved.

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Recklessness (Criminal Law)

Unreasonable risk-taking; knowledge of a risk and deliberate disregard.

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Intention (Criminal Law)

The purposeful doing of an act with a specific goal in mind.

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Actus Reus

The guilty act, or physical element of a crime. It refers to the external act or conduct that the law prohibits.

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Appropriation (Theft)

Assuming the rights of an owner over property, even without physically taking it. This includes using, selling, or even just deciding to keep the property.

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R v Morris (1983)

Established that you don't need to assume all the owner's rights to appropriate property, just one right is enough.

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Lawrence v Commissioner of Police (1972)

Confirmed that appropriation can occur even with the owner's initial consent if the defendant is dishonest.

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R v Hinks (2000)

Shows that even a valid gift can be considered appropriation if the defendant was dishonest in accepting it.

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Property (Theft)

Covers a broad range of things, including money, tangible items, things in action (like bank accounts), and intangible rights.

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Things in Action

Rights you can enforce against someone else in court, like a bank account (the right to withdraw money), not the physical bank card itself.

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Other Intangible Property

Rights with no physical form but can be stolen, like electricity (having a service you're not paying for).

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Duress of Threats

A defense to criminal charges where the defendant claims they were forced to commit a crime due to threats of harm against themselves or others.

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Safe Avenue of Escape

A defense to duress of threats that requires the defendant to prove they had a safe way to avoid committing the crime without facing harm.

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R v Gill (1963)

Established the principle that a defendant must use a safe avenue of escape if available to avoid duress of threats.

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R v Hudson and Taylor (1971)

Recognized exceptions to the safe avenue of escape rule, acknowledging situations where police protection might be insufficient.

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Voluntarily Laying Open to Risk

The defendant cannot use the duress defense if they knowingly and willingly put themselves in a situation where they could be pressured to commit a crime.

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R v Sharp (1987)

Confirmed that joining a criminal organization knowingly makes it difficult to claim duress later for their actions.

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Duress of Circumstances

A defense to criminal charges where the defendant claims they committed the crime due to the circumstances, not threats from a person.

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R v Abdul-Hussain (1999)

Affirmed that the rules for duress of circumstances are the same as those for duress of threats, with additional considerations.

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Threat of Death or Serious Injury

The defendant must have been threatened with death or serious harm, which must be interpreted as grievous bodily harm (GBH). This threat must be real and present when the crime is committed.

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Immediacy of the Threat

The threat must be immediate and operating at the time the defendant commits the crime. It can't be a past or future threat; it needs to be an active, pressing danger.

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Reasonable Response to Threats

To argue duress successfully, the defendant's reaction to the threat must be objectively reasonable. This means a 'sober person of reasonable firmness' with similar characteristics would have acted the same way.

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Relevant Characteristics

The jury can consider the defendant's age, gender, pregnancy, and serious physical conditions when assessing reasonableness. However, IQ and voluntary intoxication are not relevant factors.

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Threat and Crime Connection

The threats used to justify duress must directly relate to the crime committed. There must be a clear link between the threat and the specific action taken by the defendant.

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Study Notes

A-Level Law - Criminal Law Knowledge Organiser

  • Key Terms:
    • Absolute Liability: Offences which require no mens rea.
    • Acquittal: Decision by a court that a defendant is not guilty.
    • Act of Parliament: Law created by Parliament.
    • Actus Reus: The prohibited conduct (act, omission, or state of affairs) in a crime.
    • Autonomy: Independence or freedom of action.
    • Bare Assertion: A claim of fact without supporting evidence.
    • Beyond Reasonable Doubt: The standard of proof in criminal trials.
    • Burden of Proof: Obligation to prove the defendant committed the offence (rests on prosecution).
    • Causation: The link between the defendant's actions and the outcome.
    • Conduct Crimes: Offences where the guilty act itself is criminal, regardless of the consequence.
    • Conviction: Formal decision in a criminal trial finding the accused guilty.
    • Crown Prosecution Service (CPS): Organisation that prosecutes criminal cases in England and Wales.
    • Defendant: Person accused of committing a crime.
    • Duty of Care: Legal obligation to ensure the safety of others.
    • Exoneration: Clearing a person from a criminal charge.
    • Factual Causation: Checks that the defendant's actions caused the harm as a fact.
    • General Elements of Liability: Key components of liability (actus reus and mens rea) in any crime.
    • Gross Negligence: A reckless disregard for the safety of another, causing harm.
    • Indictable Offence: Offence that is heard in Crown Court.
    • Judge: Public officer appointed to decide cases in a court of law.
    • Jury: Group of people who decide the facts in a trial in a law court and decide guilt or innocence.
    • Key Terms: Essential terms used in the field of criminal law.
    • Liable: Legally responsible for an action.
    • Legal Causation: Checks that the defendant's actions were the substantial and effective cause of the harm.
    • Manslaughter: Unlawful killing without malice aforethought.
    • Mens Rea: Mental element (guilty mind) of a crime.
    • Misdemeanour: Act or failure to act deemed unacceptable or wrong.
    • Murder: Unlawful killing of a human being under the queen’s peace with malice aforethought.
    • Negligence: Failure to act as a reasonable person would causing harm.
    • Offence: A breach of the law or rule (illegal act).
    • Omission: Failure to carry out a duty.
    • Omission crimes: Crimes where liability is based on failure to act
    • No-fault and Strict Liability Crimes: Offences which do not require mens rea (guilty mind).
    • Non-Fatal Offences: Crimes where no one dies.
    • Offence: A breach of law or rule (illegal act)
    • Omission: Failure to act.
    • Page: Numbering in the document.
    • Person: Human being.
    • Preliminary Offence of Attempt: Acting in furtherance of a crime, but stopping short of actually committing it.
    • Prosecution: Party bringing a criminal action.
    • Punishment: Penalty imposed for unlawful act or omission.
    • Recklessness: Awareness of a risk and taking it, nevertheless, causing harm or injury.
    • Reasonable Man: A hypothetical standard of conduct.
    • Robbery: Stealing directly from person with fear of serious violence used to carry out the crime.
    • Statutory Offence: Crime defined within an Act of Parliament.
    • Statute: An Act of Parliament.
    • Strict Liability: Crimes not requiring mens rea.
    • Summary Offence: Offence heard in magistrates' court.
    • Theft: Dishonestly appropriating property of another with intention to permanently deprive.
    • Triable-either-way offence: Offence that can be tried in either Magistrates' Court or Crown Court.
    • Unlawful Act Manslaughter: Crime committed through unlawful act which causes death.
    • Verdict: Finding of fact by a jury or judge.
    • Victim: Person harmed in a crime.

Criminal Law Subtopics

  • General Elements of Liability:
    • Actus Reus: The required action; examples include acts, omissions, or states of affairs.
    • Mens Rea: The required mental state; examples include intention, recklessness, or negligence.
    • Causation: establishing a direct link between the actus reus and any injury or harm caused.
  • Non-Fatal Offences:
    • Assault: Intention or recklessness that the victim is made to fear immediate unlawful violence.
    • Battery: Intention or recklessness in applying force to the victim.
    • Actual Bodily Harm (ABH): Assault or battery resulting in harm beyond minor injuries.
  • Fatal Offences:
    • Murder: unlawful killing of a human being with malice aforethought.
    • Voluntary Manslaughter: killing in heat of passion, or if there is an abnormality in the defendant's mental capacity.
    • Involuntary Manslaughter: killing due to unlawful conduct or gross negligence.
  • Specific Defences:
    • Self-defence: acting to defend oneself or another from unlawful violence.
    • Duress: threats or circumstances against the defendant, forcing him/her to commit the crime.
    • Insanity: a mental condition affecting the defendant's understanding of the crime, or inability to exercise control, recognised in law.
    • Intoxication: Voluntary intoxication is usually not a defense for basic intent crimes but may be a complete defense for specific intent crimes. Involuntary intoxication is a complete defense for both.
  • Property Offences:
    • Theft: dishonestly appropriating property that belongs to another with the intention to permanently deprive.
    • Robbery: theft with the use of force, threat of force, or putting the victim in fear.
    • Criminal Damage: Intentionally or recklessly causing damage to property.

Other Key Aspects

  • Elements of a Crime:
    • Actus Reus (guilty act).
    • Mens Rea (guilty mind).
    • Causation (linking action to consequence).
  • Types of Offences:
    • Summary offences: less serious and tried in magistrates' court.
    • Indictable offences: more serious, generally tried in Crown Court.
    • Either-way offences: tried in either court, depend on severity.

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AQA A-Level Law Criminal Law Knowledge Organiser PDF

Description

Test your knowledge on the complexities of threats in criminal law, including how they affect the commission of a crime and various defenses. This quiz covers essential concepts, case law, and the mental state of defendants in relation to murder and manslaughter. Challenge yourself to understand the nuances of legal definitions and their implications.

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