SQE1 - Criminal Law Exam with
Complete Solutions
All criminal cases always start at Magistrates' Court. - ANSWER-NA
Wounding or causing GBH with intent (GBH s18): causing a wound or GBH. D must
intend to cause SERIOUS harm or foresee the risk of some harm and intend to resist
lawful apprehension. - ANSWER-
If there's an exception that negates the offence, once prosecution has made out the
primary elements, D needs to prove they fall within the exception on balance of
probabilities. - ANSWER-NA
Once D raises self-defence, legal burden lies with prosecution beyond reasonable
doubts, evidential burden lies with the D.
Evidential burden falls on the party who must raise the elements, whether elements of
the offence or defence. Legal burden falls on the party who must prove those elements.
So legal burden generally lies with prosecution. - ANSWER-NA
D is charged with murder and pleads insanity. Burden of proof is shared between
prosecution and defence.
The burden of proof for all elements of the offence is on the prosecution to prove
beyond reasonable doubt.
Proof for the defence of insanity is on the defence to prove on the balance of
probabilities. - ANSWER-NA
Gross negligence manslaughter: D owes V duty of care, D breached the duty of care,
breach caused V's death, there was serious & obvious risk of death, breach amounted
to gross negligence (the breach is so bad).
Does not require positive act (can result from failure to act when duty to assist arises) -
ANSWER-NA
Assault: D intentionally or recklessly cause another person to apprehend (believe that
they'll receive; need not experience fear) immediate unlawful personal violence. Words
can be sufficient but can negate assault. Conditional threat is sufficient.
For there to be apprehension, C must be aware of D's act at the time that it is occurring.
- ANSWER-NA
, Battery: D intentionally or recklessly apply unlawful personal force to another person.
Must make contact. Unwelcome contact (without consent) is sufficient. Contact can be
direct, indirect, delayed or by omission. - ANSWER-NA
Consent is a defence to assault or battery. Express or implied; given by someone with
sufficient capacity, freedom & information to make a choice. - ANSWER-NA
Assault occasioning actual bodily harm (ABH) s 47 assault/battery plus causing actual
bodily harm - hurt or injury more than merely trifling, e.g. scratches, abrasion, bruising &
swelling, temporary loss of consciousness, psychiatric injury but not fear or anxiety,
diagnosed mental health issues like depression.
Men reas: same as assault/battery, no additional requirements needed.
D does not need to intend or foresee ABH injuries. - ANSWER-NA
Wounding or Inflicting Grievous Bodily Harm (GBH s20): causing a wound (both layers
of skin broken, e.g. stab wound; bruising is not enough) or GBH. Intentionally or
recklessly causing SOME harm. Need not foresee level of type of injury caused. -
ANSWER-NA
Generally, it's not possible to consent to injury. Exception: defence to ABH, GBH, s20 or
s18: Must be expressed or implied to D in a legally recognsied manner; must be
effective and C have capacity, freedom and information to make a choice; and must
come within legally recognised category.
V & D play hurt games together is not consent. - ANSWER-
Example of consent: surgery (including cosmetic surgery), body modification such as
tattoo and pierce, religious practice and sports except intentional injury.
If a person is informed sexual partner is HIV+ consent is valid. If perpetrator is aware
they have HIV and the other party is unaware, it is crime. - ANSWER-
Theft: Dishonest appropriation of property belonging to another with the intention of
permanently depriving the other of it; notwithstanding D may be willing to pay for the
item. It can be ongoing or repeated action. Can be later appropriation at which point all
the elements of actus reus & men reas coincide. - ANSWER-
Appropriation in shop occurs as soon as the item is picked up (with the intent to take the
item without paying)
If then they change their mind, it is still theft.
If D gamble with the property or remove value from it, it is still theft.
If they knew they were mistaken for a celebrity and was approved for credit beyond their
means, this is theft because when they obtained the item they were dishonest under an
objective standard. - ANSWER-
If D did not take any item, it is not theft as act is not completed. But D can be charged
with attempted theft. - ANSWER-
Complete Solutions
All criminal cases always start at Magistrates' Court. - ANSWER-NA
Wounding or causing GBH with intent (GBH s18): causing a wound or GBH. D must
intend to cause SERIOUS harm or foresee the risk of some harm and intend to resist
lawful apprehension. - ANSWER-
If there's an exception that negates the offence, once prosecution has made out the
primary elements, D needs to prove they fall within the exception on balance of
probabilities. - ANSWER-NA
Once D raises self-defence, legal burden lies with prosecution beyond reasonable
doubts, evidential burden lies with the D.
Evidential burden falls on the party who must raise the elements, whether elements of
the offence or defence. Legal burden falls on the party who must prove those elements.
So legal burden generally lies with prosecution. - ANSWER-NA
D is charged with murder and pleads insanity. Burden of proof is shared between
prosecution and defence.
The burden of proof for all elements of the offence is on the prosecution to prove
beyond reasonable doubt.
Proof for the defence of insanity is on the defence to prove on the balance of
probabilities. - ANSWER-NA
Gross negligence manslaughter: D owes V duty of care, D breached the duty of care,
breach caused V's death, there was serious & obvious risk of death, breach amounted
to gross negligence (the breach is so bad).
Does not require positive act (can result from failure to act when duty to assist arises) -
ANSWER-NA
Assault: D intentionally or recklessly cause another person to apprehend (believe that
they'll receive; need not experience fear) immediate unlawful personal violence. Words
can be sufficient but can negate assault. Conditional threat is sufficient.
For there to be apprehension, C must be aware of D's act at the time that it is occurring.
- ANSWER-NA
, Battery: D intentionally or recklessly apply unlawful personal force to another person.
Must make contact. Unwelcome contact (without consent) is sufficient. Contact can be
direct, indirect, delayed or by omission. - ANSWER-NA
Consent is a defence to assault or battery. Express or implied; given by someone with
sufficient capacity, freedom & information to make a choice. - ANSWER-NA
Assault occasioning actual bodily harm (ABH) s 47 assault/battery plus causing actual
bodily harm - hurt or injury more than merely trifling, e.g. scratches, abrasion, bruising &
swelling, temporary loss of consciousness, psychiatric injury but not fear or anxiety,
diagnosed mental health issues like depression.
Men reas: same as assault/battery, no additional requirements needed.
D does not need to intend or foresee ABH injuries. - ANSWER-NA
Wounding or Inflicting Grievous Bodily Harm (GBH s20): causing a wound (both layers
of skin broken, e.g. stab wound; bruising is not enough) or GBH. Intentionally or
recklessly causing SOME harm. Need not foresee level of type of injury caused. -
ANSWER-NA
Generally, it's not possible to consent to injury. Exception: defence to ABH, GBH, s20 or
s18: Must be expressed or implied to D in a legally recognsied manner; must be
effective and C have capacity, freedom and information to make a choice; and must
come within legally recognised category.
V & D play hurt games together is not consent. - ANSWER-
Example of consent: surgery (including cosmetic surgery), body modification such as
tattoo and pierce, religious practice and sports except intentional injury.
If a person is informed sexual partner is HIV+ consent is valid. If perpetrator is aware
they have HIV and the other party is unaware, it is crime. - ANSWER-
Theft: Dishonest appropriation of property belonging to another with the intention of
permanently depriving the other of it; notwithstanding D may be willing to pay for the
item. It can be ongoing or repeated action. Can be later appropriation at which point all
the elements of actus reus & men reas coincide. - ANSWER-
Appropriation in shop occurs as soon as the item is picked up (with the intent to take the
item without paying)
If then they change their mind, it is still theft.
If D gamble with the property or remove value from it, it is still theft.
If they knew they were mistaken for a celebrity and was approved for credit beyond their
means, this is theft because when they obtained the item they were dishonest under an
objective standard. - ANSWER-
If D did not take any item, it is not theft as act is not completed. But D can be charged
with attempted theft. - ANSWER-
