A2 Law notes Criminal Law

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  • Created by: sonyia
  • Created on: 14-10-13 17:50
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Actus Reus Omission
Any conduct must be voluntary - KAY V BUTTERWORTH ­ voluntary actus reus in this case was the dft fell asleep whilst
driving and drove into a group of soldiers
Few offences do not require any voluntary conduct at all these are known as absolute liability offences…

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Actus Reus Causation
Actus reus of a crime requires prohibited consequences (murder) it must be established that the suspect's conduct is
factual and legal cause of the consequence.
Factual causation ­ but for test ­ but for the actions of accused would the prohibited consequence occurred
DALLOWAY ­ Child would…

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Mens rea Intention
No statutory definition ­ left to judges to decide in case law - It has been made clear by courts that Intention should
not be confused with motive
MOHAN - intention was defined `decision to bring about the prohibited consequence no matter whether the accused
desired the…

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Mens rea Recklessness
Defendant creating an unjustifiable risk and taking it that may cause a prohibited consequence but not deliberately
trying to bring it about
CUNNINGHAM ­ dft stole money from a gas meter and left the gas pipe exposed. Definition of recklessness `D must
have realised that there was…

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Strict Liability
There categories of offences that do not require mens rea for conviction these offences are known as strict liability.
Created by statute - regulatory offences involving driving, food hygiene and public safety can apply to offences
that have no mens rea words in their definition
Parliament does not…

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Murder
Homicide act 1957 does not define murder but provided a number of defences
Common law definition of murder comes from 17th Century judge: Lord Coke "the unlawful killing of a human being
under the Queen's peace with malice aforethought" ­ mandatory life sentence
Intention is a subjective state of…

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AO2 ­ according to the current law as stated in Woollin, there are several states of mind that either constitute the
mens rea of murder or can be used as evidence to infer the mens rea of murder
Direct intent as to kill
Direct intent as to cause GBH
Oblique…

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Voluntary Manslaughter
Diminished responsibility
S.2 (1) Homicide act 1957 as amended by the coroners and justice act 2009 which states: Where a person kills or is
party to a killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mental
functioning arising…

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Non-Fatal offences against the person (Assault & Battery)
Common assault (assault & battery) found at S.39 of criminal justice act 1988: CJA does not provide a definition
Do not require any harm
Summer offences tried in magistrate's court with maximum sentence of six months imprisonment
Assault ­ is to cause…

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Offences against the person (OAPA 1861)
Consolidating statue - drew together a wide range of non-fatal offences containing older legislation into one statute.
OAPA did not create a coherent (clear) set of offences. Also act pre-dates even 1861. Need abolishing and replacing.
Assault occasioning actual bodily harm (S.47 of OAPA)…

Comments

Raj Aujla

Those were really good detailed notes, thanks soniya :)

Former Member

These are great, thanks so much

Moqeem Zwan

These are really good notes. Thank You very much.

JSC

These notes are really good, thank you!

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