AQA AS Law- Criminal Liability

HideShow resource information
  • Created by: EmK123
  • Created on: 20-05-16 09:06

Actus Reus

  • Voluntary: Hill v Baxter
  • State of Affairs: Larsonneur


  • Factual- But for test- White
  • Legal: De Minimus Rule- Benge
  • New Intervening Acts: 3rd Party- Cheshire, Smith or Jordan. Own Act- Roberts, Williams and Davis

Omissions: Failure to act- this won't make you guilty unless you have a duty to act.

  • Statutory: Road Traffic Act.
  • Contractual: Pitwood.
  • Relationship: Gibbons and Proctor.
  • Voluntary: Stone v Dobinson.
  • Official Position: Dytham
  • Chain of events: Miller
1 of 6

Mens Rea

Mental Element- Levels: Intention, Recklessness and Negligence.


  • Mohan: Desire to bring about the prohibited consequence.
  • Oblique: intend one thing but another happens: Hancock  and Shankland.

Recklessness: Know of the risk but take it anyway.

  • Cunningham: Gas meter

Transfered Malice: transfer intention from intended victim to actual.

  • Latimer (Person to person) Pembleton (Person to object)

Coincidence: Actus Reus and Mens Rea present at the same time.

  • Continuing act: Fagan
  • Series of events: Thabo v Meli
2 of 6

Non-Fatal Offences

Assault: S39 CJA: the apprehension of immediate unlawful force with intention or recklessness.

  • Act: Constanza (letters) Ireland (phone calls)
  • No fear- Lamb
  • Immediate: Smith
  • Words can negate the assault: Tuberville
  • MR: Intention or recklessness.

Battery: S39 CJA: the application of immediate unlawful force with intention or recklessness.

  • Continuing act: Fagan
  • Indirect act: DPP v K
  • MR: Intention or recklessness
3 of 6

Non-Fatal Offences 2

ABH: S47 OAPA: Assault or battery occasioning in ABH, with intention or recklessness.

  • Bruises, scratches or grazes.
  • Burstow: Mild psychological harm.
  • Miller: ABH is any harm which interferes with the health or comfort of the victim.
  • Chan Fook: Harm means injury and has to be more than trivial.
  • T v DPP: Loss of consciouness = ABH.
  • MR: Intention or recklessness.

GBH: S20 and S18 OAPA: Wound or inflict/ cause GBH with intention or recklessness.

  • Eisenhower: Wound is the break in the continutity of the whole skin.
  • Saunders: GBH is serious harm.
  • Chan Fook: serious psychological harm = GBH.
  • Bollam: age and health need to be taken into account.
  • Dica: can have biological GBH.
  • MR: Intention or recklessness (S20) intention only (S18)
4 of 6



  • Punishment
  • Protection of the public
  • Reparation
  • Rehab
  • Deterrance
  • Denunciation.


  • Background- previous convictions, medical and fincaial reports.
  • Sentencing guidelines and pre-sentence reports.
  • Aggrivating: racial, disability, previous or sexual orientation.
  • Mitigating: remorse, no previous, mental or physical illness.


  • Custodial: 6 months limit for Mags, Crown have no limit.
  • Fines: £5,000 limit for Mags, Crown have no limit
  • Community Service: CJA 2003- combine requirements: work/activity order, curfew or rehab.
  • Discharge: Conditional (no crimes in a period of time) Absolute (no penalty imposed)
5 of 6

Criminal Procedure

Summary Offence:

  • Summoned/ Charged.
  • Police decide bail- taken to court at 1st oppotunity if refused.
  • D enters plea (guilty = sentencing) (not guilty = adjournement)
  • Trial at Mags.

Triable Either Way Offence:

  • Charged.
  • Enters plea in Mags. Guilty = sentencing (Crown or Mags) Not Guilty = Mode of trial (decide on court.) If in Mags = D's election (trial by jury)
  • Pre trail case managment hearing.
  • Trial

Indictable Offence:

  • Charged
  • Police decide bail.
  • 1st hearing at Mags- Admin (bail/ funding)
  • Sent to Crown
  • Pre-trail Management hearing
  • Enters plea (guilty = sentencing) (not guilty = adjournment and trial)
6 of 6


No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal Liability resources »