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
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
