Contents
Criminal Law Fundamentals 2
Driving Offences 3
Criminal Damage 4
Non-Fatal Offences Against the Person 5
Murder & Voluntary Manslaughter 6
Constructive Manslaughter, Gross Negligence Manslaughter & Causing Death by Dangerous Driving 8
Corporate Liability for Manslaughter 9
Sexual Offences 10
Theft 12
Fraud & Making Off Without Payment 14
Robbery & Burglary 15
Attempts & Accomplices 16
The Defence of Reasonable Use of Force 18
The Defence of Consent 19
The Defence of Intoxication 20
, Criminal Law Fundamentals
Liability for Omissions Most offences require a positive act (e.g. rape, theft). Liability for failing to act arises in four
situations:
- Special Relationships: if D has family ties (Gibbins) or has assumed a duty to V (Stone)
- Contractual Duty: if D’s employment requires them to act (Pittwood)
- Statutory Duty: e.g. stopping at red traffic lights
- Dangerous Situations: if D has created danger and failed to take reasonable steps (Miller)
Voluntary Acts Involuntary acts do not incur liability (Hill). Must be voluntary for AR to be complete
Direct Intent D’s goal/aim/purpose
Indirect Intent A virtually certain consequence which D himself foresaw as a virtual certainty (Nedrick,
Woollin)
Ulterior Intent Extra element of MR, where D intended to go beyond the AR of the crime
Basic Intent Intention or recklessness will suffice for MR (except all sex offences are basic intent Heard)
Specific Intent Only intention will suffice for MR (except all sex offences are basic intent Heard)
Recklessness D foresees, and goes on to take, an unjustified risk (subjective) (Cunningham)
Transferred Malice Malice can be transferred to a different victim (Latimer) but only for the same type of crime
(Pembliton)
Negligence Failing to measure up to the standards of a reasonable person
Strict Liability Offences where neither MR nor negligence needed for conviction e.g. drink driving
Coincidence of AR & MR AR and MR coincide if they are in the same sequence of events (Le Brun)
, Driving Offences
Careless and Inconsiderate Driving - s3 Road Traffic Act 1988
AR: Driving without due care and attention (falling below the standard of a reasonable person). An objective, universal
standard is used (McCrone)
MR: MR irrelevant to this offence
Dangerous Driving - s2 & 2A Road Traffic Act 1988
AR: - Driving dangerously on a road/public place.
- Dangerous means falling far below a careful/competent driver, and it would be obviously dangerous to a
careful/competent driver. OR
- Dangerous means the vehicle’s condition is obviously dangerous to a careful/competent driver.
MR: MR irrelevant to this offence
Drink Driving - s5 Road Traffic Act 1988
AR: - driving - a motor vehicle - on a road/public place - with excess alcohol (above prescribed limit) in driver’s
blood, breath, or urine.
MR: Strict liability offence
Criminal Law Fundamentals 2
Driving Offences 3
Criminal Damage 4
Non-Fatal Offences Against the Person 5
Murder & Voluntary Manslaughter 6
Constructive Manslaughter, Gross Negligence Manslaughter & Causing Death by Dangerous Driving 8
Corporate Liability for Manslaughter 9
Sexual Offences 10
Theft 12
Fraud & Making Off Without Payment 14
Robbery & Burglary 15
Attempts & Accomplices 16
The Defence of Reasonable Use of Force 18
The Defence of Consent 19
The Defence of Intoxication 20
, Criminal Law Fundamentals
Liability for Omissions Most offences require a positive act (e.g. rape, theft). Liability for failing to act arises in four
situations:
- Special Relationships: if D has family ties (Gibbins) or has assumed a duty to V (Stone)
- Contractual Duty: if D’s employment requires them to act (Pittwood)
- Statutory Duty: e.g. stopping at red traffic lights
- Dangerous Situations: if D has created danger and failed to take reasonable steps (Miller)
Voluntary Acts Involuntary acts do not incur liability (Hill). Must be voluntary for AR to be complete
Direct Intent D’s goal/aim/purpose
Indirect Intent A virtually certain consequence which D himself foresaw as a virtual certainty (Nedrick,
Woollin)
Ulterior Intent Extra element of MR, where D intended to go beyond the AR of the crime
Basic Intent Intention or recklessness will suffice for MR (except all sex offences are basic intent Heard)
Specific Intent Only intention will suffice for MR (except all sex offences are basic intent Heard)
Recklessness D foresees, and goes on to take, an unjustified risk (subjective) (Cunningham)
Transferred Malice Malice can be transferred to a different victim (Latimer) but only for the same type of crime
(Pembliton)
Negligence Failing to measure up to the standards of a reasonable person
Strict Liability Offences where neither MR nor negligence needed for conviction e.g. drink driving
Coincidence of AR & MR AR and MR coincide if they are in the same sequence of events (Le Brun)
, Driving Offences
Careless and Inconsiderate Driving - s3 Road Traffic Act 1988
AR: Driving without due care and attention (falling below the standard of a reasonable person). An objective, universal
standard is used (McCrone)
MR: MR irrelevant to this offence
Dangerous Driving - s2 & 2A Road Traffic Act 1988
AR: - Driving dangerously on a road/public place.
- Dangerous means falling far below a careful/competent driver, and it would be obviously dangerous to a
careful/competent driver. OR
- Dangerous means the vehicle’s condition is obviously dangerous to a careful/competent driver.
MR: MR irrelevant to this offence
Drink Driving - s5 Road Traffic Act 1988
AR: - driving - a motor vehicle - on a road/public place - with excess alcohol (above prescribed limit) in driver’s
blood, breath, or urine.
MR: Strict liability offence
