Summary Criminal law Cheat Sheet Notes SQE1 FLK2

selfCriminal: Backbones Notes
Criminal principles

 Offence types
o Triable summarily – Magistrates only
o Triable either-way – Magistrates or Crown Court
o Triable on indictment only – Crown Court
 Requirements for an offence
o Actus Reus (AR): the guilty act/omission
o Mens Rea (MR): the state of mind
 There must be a coincidence of actus reus and mens rea
o Causation  a requirement for result crimes ONLY
 Factual: ‘But for’
 Legal: Operating and substantial cause
 Medical negligence: so overwhelming as to make
the original mere history.
 Third parties: Free, deliberate and informed
 Acts of the victim: fright and flight reasonably
foreseeable, suicide only where injuries have
healed.
 Natural events: Extraordinary
 Omissions – no general duty to act
 Exceptions
o Statutory
o Special relationship
o Voluntary assumption of responsibility
o Breach of contractual duty
o D creates a dangerous situation
o Legal duty to act
 Intent (MR)
o Specific intent crimes – Intention only
o Basic intent – intention or recklessness
 Recklessness
 D is aware of the risk
 In the circumstances it was unreasonable to take
the risk
o Indirect/oblique –
 Acted committed was a virtual certainty as a result of
the D’s action
 The D appreciated this.
o Transferred malice

,  Mistake – ignorance of the law is no excuse but could negate the
mens rea


Murder

 AR: Unlawfully Kill a reasonable person in being under the King’s
peace
 MR: Intend to cause GBH or Kill and malice aforethought
o Special Defences  reduction of the sentence to voluntary
manslaughter.
 Loss of Control (partial – onus on the prosecution
beyond reasonable doubt to disprove)
 Loss of self-control
o Anger trigger: Circumstances extremely
grave and causing a justifiable sense of
being wronged.
o Fear trigger: Fear of serious violence and
level of force used reasonable.
 Normal person test: would a normal person with
the same degree of tolerance have reacted in the
same way.
o Intoxication – cannot influence unless an
addict
 Diminished Responsibility (partial)
 Abnormality of mental functioning (ADS included)
 Substantially impairs ability to do one or more
things
 Explains Ds act or omission

Involuntary manslaughter

 D did an intentional act
 The act was unlawful
 The unlawful act was objectively dangerous
 The unlawful act caused the death of the victim

Gross Negligence manslaughter

 DOC
 Breach
 Causation
 Risk of death
 Breach was so bad as to amount to gross negligence.

Criminal damage