CRIMINAL LAW FINAL EXAM SUMMARY
|
|
|
- Gerald Phelps
- 5 years ago
- Views:
Transcription
1 CRIMINAL LAW FINAL EXAM SUMMARY
2 Contents WEEK ONE CONTENT... Error! Bookmark not Woolmington v DPP [1935]... 7 Green v The Queen (1971)... 7 Youseff (1990)... 7 Zecevic v DPP (1987)... 7 WEEK 2 CONTENT... 7 IMPORTANT ISSUES RE ACTUS REUS... 7 Series of acts: Thabo Meli... Error! Bookmark not Continuing Act Fagan v Commissioner of Metropolitan Police... Error! Bookmark not Liability for omissions to act... Error! Bookmark not Ryan v The Queen (reflex action)... Error! Bookmark not FAULT ELEMENTS (MR) OF OFFENCE... Error! Bookmark not Intention... Error! Bookmark not Knowledge... Error! Bookmark not Recklessness... Error! Bookmark not Four factors to be considered re rebuttable presumption. Error! Bookmark not Strict liability offences... Error! Bookmark not Proudman v Dayman... Error! Bookmark not INTOXICATION Crimes Act 1900 (NSW)... Error! Bookmark not SPECIFIC V BASIC INTENT CRIMES... Error! Bookmark not o R v Heard... Error! Bookmark not WEEK 3 CONTENT... Error! Bookmark not MURDER... Error! Bookmark not Section 18 Murder and manslaughter defined... Error! Bookmark not ACTUS REUS ELEMENTS FOR MURDER... Error! Bookmark not Human Tissue Act 1983 (NSW), s Error! Bookmark not Royall v The Queen... Error! Bookmark not Judgements indicate that a different approach is required depending on the complexity of the causation issue involved... Error! Bookmark not R v Smith... Error! Bookmark not R v Blaue... Error! Bookmark not R v Evans and Gardiner (No 2)... Error! Bookmark not R v Hallett... Error! Bookmark not R v Pagett... Error! Bookmark not MR FOR MURDER... Error! Bookmark not
3 Intention to kill... Error! Bookmark not Intention to cause gbh... Error! Bookmark not Reckless indifference to human life (see Royall)... Error! Bookmark not How to answer a question on murder... Error! Bookmark not WEEK FOUR CONTENT... Error! Bookmark not MANSLAUGHTER... Error! Bookmark not Voluntary manslaughter... Error! Bookmark not Involuntary manslaughter... Error! Bookmark not Unlawful and dangerous act manslaughter Wilson v The Queen... Error! Bookmark not Criminal negligence manslaughter Nydam v The Queen Error! Bookmark not Lamb [1967]... Error! Bookmark not Pemble (1971)... Error! Bookmark not Wilson v The Queen (1992)... Error! Bookmark not Criminal Negligence Manslaughter... Error! Bookmark not Nydam... Error! Bookmark not Lane v R [2013]... Error! Bookmark not Stone and Dobinson... Error! Bookmark not Taktak... Error! Bookmark not How to answer a question on manslaughter... Error! Bookmark not WEEK 5 CONTENT... Error! Bookmark not Assault... Error! Bookmark not AR: ASSAULT BY THREAT OF FORCE... Error! Bookmark not Zanker v Vartzokas... Error! Bookmark not AR: ASSAULT BY USE OF FORCE... Error! Bookmark not Re consent... Error! Bookmark not What is ABH?... Error! Bookmark not Exceptions to rule of consent... Error! Bookmark not MR: COMMON ASSAULT (NOTE THIS INCLUDES BOTH TYPES THREAT AND APPLICATION)... Error! Bookmark not ASSAULT OCCASIONING ABH s Error! Bookmark not ASSAULTS COMMITTED ON A PARTICULAR CLASS OF PEOPLE... Error! Bookmark not ASSAULT WITH INTENT TO COMMIT A SERIOUS INDICTABLE OFFENCE ON CERTAIN OFFICERS s Error! Bookmark not ASSAULT AND OTHER ACTIONS AGAINST POLICE OFFICER S Error! Bookmark not LAWFUL EXCUSE à NO ASSAULT... Error! Bookmark not
4 DEFENCE OF LAWFUL CORRECTION S 61AA... Error! Bookmark not WOUNDING OR GBH WITH INTENT S Error! Bookmark not RECKLESS GBH OR WOUNDING s Error! Bookmark not IMPORTANT CASES FROM READING RE ASSAULT... Error! Bookmark not R v Lardner (NSWCA) (1998)... Error! Bookmark not Knight (1988)... Error! Bookmark not Zanker v Vartzokas (1988)... Error! Bookmark not R v Ireland (1997)... Error! Bookmark not Blackwell v The Queen [2011] NSWCCA... Error! Bookmark not FORM OF INDICTMENT FOR ASSAULTS... Error! Bookmark not How to answer a question on assault... Error! Bookmark not WEEK 6 CONTENT... Error! Bookmark not Defences... Error! Bookmark not AUTOMATISM ARGUMENT IN DEFENCE... Error! Bookmark not Sane Automatism... Error! Bookmark not Insane Automatism à Mental Impairment (Insanity) (COMPLETE DEFENCE). Error! Bookmark not M'Nagthen Rules (1843)... Error! Bookmark not Diminished Responsbility or Substnatil Impairment by Abnormality of Mind (PARTIAL DEFENCE)... Error! Bookmark not Extreme Provocation (PARTIAL DEFENCE)... Error! Bookmark not SELF-DEFENCE (COMPLETE DEFENCE)... Error! Bookmark not R v Katarzynski... Error! Bookmark not EXCESSIVE SELF-DEFENCE (PARTIAL DEFENCE)... Error! Bookmark not R v Silva [2015]... Error! Bookmark not Important Cases re Defences... Error! Bookmark not Osland... Error! Bookmark not Falconer... Error! Bookmark not Green v The Queen... Error! Bookmark not Radford... Error! Bookmark not Stingel v The Queen... Error! Bookmark not Masciantonio... Error! Bookmark not Zecevic v DPP... Error! Bookmark not R v Katarzynski... Error! Bookmark not WEEK 8 CONTENT... Error! Bookmark not SEXUAL ASSAULT... Error! Bookmark not
5 S 61I Sexual Assault... Error! Bookmark not Elements of Sexual Assault... Error! Bookmark not What is sexual intercourse? (For Actus Reus)... Error! Bookmark not Who is capable of having 'sexual intercourse'?... Error! Bookmark not Actus Reus: Without consent of the other person... Error! Bookmark not Mistaken belief (re consent)... Error! Bookmark not Papadimitropoulos [1950 s]... Error! Bookmark not Negation of consent (Two Models)... Error! Bookmark not Consent AUTOMATICALLY negated s 61HA (4)... Error! Bookmark not Consent MAY be negated s 61HA (6)... Error! Bookmark not Men s Rea for Sexual Assault... Error! Bookmark not Advertent Recklessness... Error! Bookmark not Reckless Inadvertence... Error! Bookmark not DPP v Morgan... Error! Bookmark not Form of indictment for Sexual Assault s 61I... Error! Bookmark not Aggravated Sexual Assault s 61J... Error! Bookmark not Elements of s 61J... Error! Bookmark not Form of Indictment s 61J... Error! Bookmark not Aggravated Sexual Assault in Company (Gang Rape) s 61JA... Error! Bookmark not Elements of s 61JA... Error! Bookmark not R v Button; R v Griffen... Error! Bookmark not Form of Indictment s 61JA... Error! Bookmark not Alternative verdicts re Sexual Assault s 61Q... Error! Bookmark not Important Cases from Reading Re Sexual Assault... Error! Bookmark not R v Button; R v Griffen... Error! Bookmark not Papadimitropoulos... Error! Bookmark not R v Tolmie... Error! Bookmark not How to answer a question on sexual assault... Error! Bookmark not WEEK 9 CONTENT... Error! Bookmark not Complicity/ Parties to Crime... Error! Bookmark not 3 branches of liability... Error! Bookmark not S 346 Accessories before the fact - how tried and punished... Error! Bookmark not 351B Aiders and abettors punishable as principals... Error! Bookmark not Accessorial Liability... Error! Bookmark not AR of Accessorial Liability... Error! Bookmark not
6 R v Russell... Error! Bookmark not R v Phan... Error! Bookmark not Key questions re AR of accessorial liability... Error! Bookmark not 1. Is there a requirement of presence at the scene of a crime for aiding and abetting?... Error! Bookmark not 2. Can one be liable for mere presence?... Error! Bookmark not R v Phan... Error! Bookmark not R v Clarkson... Error! Bookmark not Wilcox v Jeffery Error! Bookmark not MR of Accessorial Liability... Error! Bookmark not 1. An intention to assist/encourage the commission of the offence... Error! Bookmark not 2. Actual knowledge of the essential matters of the offence... Error! Bookmark not Withdrawal by an accessory... Error! Bookmark not 2 approaches to withdrawal... Error! Bookmark not Ngawaka v The Queen... Error! Bookmark not Acting in Concert/ Joint Criminal Enterprise... Error! Bookmark not Osland... Error! Bookmark not R v Tangye... Error! Bookmark not Extended Common Purpose... Error! Bookmark not McAuliffe... Error! Bookmark not Taufahema... Error! Bookmark not Clayton v R; Hartwick v R; Hartwick v R... Error! Bookmark not How to answer a question on parties to crime... Error! Bookmark not WEEK 10 CONTENT... Error! Bookmark not Property... Error! Bookmark not Criminal Code 2002 Chapter contents... Error! Bookmark not Preliminary Sections re standard of proof etc.... Error! Bookmark not Physical elements Part Error! Bookmark not Fault elements Part Error! Bookmark not Circumstances where there is no criminal responsibility Part Error! Bookmark not Key principles re code interpretation... Error! Bookmark not Barlow; Charlie... Error! Bookmark not Theft v Minor Theft... Error! Bookmark not Elements Analysis... Error! Bookmark not Physical Elements... Error! Bookmark not
7 1. Appropriation for property s Error! Bookmark not 2. Property Dictionary... Error! Bookmark not 3. Belonging to Someone Else ss 301, Error! Bookmark not Attorney General s Reference (No 1 of 1983)... Error! Bookmark not Fault elements... Error! Bookmark not 1. Recklessness re property belonging to someone else.. Error! Bookmark not 2. Intention to permanently deprive ss re appropriation without consent... Error! Bookmark not 3. Dishonesty ss 300, 302, 303, re appropriation... Error! Bookmark not How to answer a question on theft/ minor theft... Error! Bookmark not each element must be proven by the prosecution to the standard of beyond reasonable doubt as per s 141(1) Evidence Act 1995 (NSW) AR = external or physical element/s of an offence MR= required mental state/s or the fault element/s of an offence Inference = a jury will have to infer whether or not the accused actually did commit the prohibited conduct What is a serious indictable offence à imprisonment for life or of a term of 5 years or more CASES Woolmington v DPP [1935] Resulting principle: the duty of the prosecution to prove the prisoner s guilt if at the end of the whole of the case, there is reasonable doubt the prosecution has not made out its case and the prisoner is entitled to an acquittal the prosecution bears the burden of proving EACH and EVERY element of an offence beyond a reasonable doubt NB that golden thread is presumption of innocence à prosecution must discharge that burden Green v The Queen (1971) Resulting principle: beyond a reasonable doubt à a doubt which tribunal of fact entertains in the circumstances NOTE its not rational doubt i.e. you don t give instructions to a jury on what it actually is. Youseff (1990) Resulting principle: WHEN DOES THE DEFENCE HAVE AN EVIDENTIARY BURDEN? evidentiary burden on accused to point to or produce evidence.. from which it could be inferred that there is at least a reasonably possibility that e.g. conduct was in self defence Zecevic v DPP (1987) Resulting principle: what happens if the evidence discloses the reasonable possibility? Self-defence example --> 'once the evidence discloses the possibility that the fatal act was done in self-defence, a burden falls upon the prosecution to disprove the fact, that is to say, to prove beyond reasonable doubt that the fatal act was not done in self defence' Common law resulting principle: WHEN DOES DEFENCE HAVE A LEGAL BURDEN? Defined circumstances and only to the standard of balance of probabilities. NB. NSW is not codified and thus, not everything is precisely in legislation and is embedded in both case law and legislation à against the backdrop of common law.
8 WEEK 2 CONTENT IMPORTANT ISSUES RE ACTUS REUS o Concurrence (of conduct and circumstances) many offences have an AR where conduct and circumstances must coincide. act and intent must coincide Meyers v R; To be convicted of an offence, it must be proved that the fault element coincided with, or existed at the same time as, the physical element Ryan v The Queen o Courts have shown a willingness to construct concurrence by either imposing fault element over a series of acts OR upon a continuing act
CRIM EXAM NOTES. Table of Contents. Weeks 1-4
CRIM EXAM NOTES Weeks 1-4 Table of Contents Setup (jurisdiction, BOP, onus)... 2 Elements, AR, Voluntariness... 3 Voluntariness, Automatism... 4 MR (intention, reckless, knowledge, negligence)... 5 Concurrence...
LAW1114: CRIMINAL LAW EXAM NOTES
LAW1114: CRIMINAL LAW EXAM NOTES CONTENTS TOPIC COMMON OTHER 1 S OF A CRIME 2 NON- FATAL, NON- SEXUAL AGAINST THE PERSON 3 SEXUAL 4 HOMICIDE 5 DEFENCES AR (p3) - Positive, voluntary act (PVA) - Causation
MLL214 CRIMINAL LAW NOTES
MLL214 CRIMINAL LAW NOTES Contents Topic 1: Course Overview... 3 Sources of Criminal Law... 4 Requirements for Criminal Liability... 4 Topic 2: Homicide and Actus Reus... Error! Bookmark not defined. Unlawful
CRIMINAL LAW. Problem Question Notes. PRINCIPLES... 1 Capacity Actus Reus Mens Rea... 4 Coincidence... 6!
CRIMINAL LAW Problem Question Notes PRINCIPLES... 1 Capacity... 2 Actus Reus... 3 Mens Rea... 4 Coincidence... 6 OFFENCES... 7 Common Assault... 8 Actus Reus... 8 Mens Rea... 9 Consent to Harm... 10 Aggravated
Criminal Law Exam Notes
Criminal Law Exam Notes Contents LARCENY... Error! Bookmark not defined. Actus Reus... Error! Bookmark not defined. Taking & Carrying Away... Error! Bookmark not defined. Property Capable of Being Stolen...
JURD7122/LAWS1022 Criminal Laws
JURD7122/LAWS1022 Criminal Laws MURDER... 5 ELEMENTS... 5 ACTUS REUS... 5 Voluntariness... 5 Ommission... 5 Causation... 5 MENS REA... 5 Heads of mens rea:... 5 Intention to kill... 5 Intention to inflict
Course breakdown 1) Theory 2) Offences 3) Extended liability 4) Defences 5) Procedure
Course breakdown 1) Theory a. Principles, classic model & criminal method b. Element analysis 2) Offences a. Dishonesty b. Unlawful killing c. Non-fatal offences against the person d. Sexual offences 3)
(1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.
SAMPLE Aggravated Assault s 59 Assault Occasioning ABH 59 Assault occasioning actual bodily harm (1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment
PART 1: THE FUNDAMENTALS...
Contents PART 1: THE FUNDAMENTALS... 6 The Fundamentals of Criminal Law (CHAPTER 1)... 6 Sources of criminal law:... 6 Criminal capacity:... 7 Children:... 7 Corporations:... 7 Classifications of crimes:...
Introduction Crime, Law and Morality. Key Principles: actus reus, mens rea, legal personhood, doli incapax.
Introduction Crime, Law and Morality Key Principles: actus reus, mens rea, legal personhood, doli incapax. Objective Principles: * Constructive-murder rule: a person may be guilty of murder, if while in
LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2014
Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2014 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
LAWS1206 Criminal Law and Procedure 1 st Semester 2005
LAWS1206 Criminal Law and Procedure 1 st Semester 2005 How to Use this Script: These sample exam answers are based on problems done in past years. Since these answers were written, the law has changed
Criminal Law A Flowchart
Part 1: Has A Crime Been Committed Actus Reas (Physical Element of Crime): Criminal Law A Flowchart 1. Automatism and Voluntariness a. Was the act done by a sane mind and was voluntary? i. Accidents count
The learner can: 1.1 Define what is meant by a crime
Tech Level Unit Title: LAW OF CRIME Level: Level 3 Credit Value: 10 Guided Learning Hours 60 Learning outcomes The learner will: 1. Understand the principles of criminal liability Assessment criteria The
CRIMINAL LAW SUMMARY 2011
SUMMARY 2011 LAWSKOOL PTY LTD CONTENTS PRE-TRIAL PROCEDURES DISCRETION TO ARREST Internal police guidelines LEGALITY OF ARREST POLICE INTERVIEW IN CUSTODY PHYSICAL ELEMENTS Conduct Conduct which occurs
Contents PART 1: CRIMINAL LIABILITY. Table of Statutes. Table of Secondary Legislation. Table of Cases
Contents Table of Statutes Table of Secondary Legislation Table of Cases PART 1: CRIMINAL LIABILITY Chapter 1: Fundamental Principles of Criminal Liability 1: Actus Reus 1.1 Introduction 1.2 Conduct as
Criminal Law. Text, Cases, and Materials. Janet Loveless. Third Edition UNIVERSITY PRESS
Criminal Law Text, Cases, and Materials Third Edition Janet Loveless UNIVERSITY PRESS Contents Guide to using the book Guide to the Online Resource Centre this edition Preface Acknowledgements Table cases
To begin, the behaviour and the defendant in question have to be identified as well as the offence they ve committed. This may be:
Homicide Offences To begin, the behaviour and the defendant in question have to be identified as well as the offence they ve committed. This may be: Murder or voluntary manslaughter if partial defences
CRIMINAL LAW. Sweet &. Maxwell's Textbook Series. 4th edition
CRIMINAL LAW Sweet &. Maxwell's Textbook Series 4th edition Alan Reed, M.A., LL.M., Solicitor Professor of Criminal and Private International Law, University of Sunderland and Ben Fitzpatrick, B.A., P.G.C.L.T.H.E.
HSC Legal Studies. Year 2017 Mark Pages 46 Published Feb 6, Legal Studies: Crime. By Rose (99.4 ATAR)
HSC Legal Studies Year 2017 Mark 97.00 Pages 46 Published Feb 6, 2017 Legal Studies: Crime By Rose (99.4 ATAR) Powered by TCPDF (www.tcpdf.org) Your notes author, Rose. Rose achieved an ATAR of 99.4 in
MLL214&'CRIMINAL'NOTES' ''''''! Topic 1: Introduction and Overview
! Topic 1: Introduction and Overview Introduction Criminal law has both a substantive and procedural component. o Substantive: defining and understanding the constituent elements of the various common
FAULT ELEMENTS, STRICT LIABILITY AND ABSOLUTE LIABILITY. Generally involves an actus reus (guilty act) and mens rea (guilty mind).
FAULT ELEMENTS, STRICT LIABILITY AND ABSOLUTE LIABILITY CRIME A wrong punishable by the State. Generally involves an actus reus (guilty act) and mens rea (guilty mind). Description of a prohibited behaviour
MLL214: CRIMINAL LAW
MLL214: CRIMINAL LAW 1 Examinable Offences: 2 Part 1: The Fundamentals of Criminal Law The definition and justification of the criminal law The definition of crime Professor Glanville Williams defines
1. The physical element of a crime is the a. mens rea b. actus reus c. offence d. intention
1) 11 CHOOSE THE BEST CHOICE AND MARK IT ON YOUR ANSWER SHEET. Part A: Fill in the Blanks 1. The physical element of a crime is the a. mens rea b. actus reus c. offence d. intention. A person is where
Strict liability and honest and reasonable mistake of fact defence
Strict liability and honest and reasonable mistake of fact defence Case Proudman v Dayman SRA v Hunter District Water Board Proudman v Dayman CTM Note Dixon J held that liability is strict in relation
LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2016
Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2016 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
Criminal Law Outline intent crime
This outline was created for the July 2006 Oregon bar exam. The law changes over time, so use with caution. If you would like an editable version of this outline, go to www.barexammind.com/outlines. Criminal
LAWS1021 Crime and the Criminal Process Intent and Reckless Indifference... Constructive Murder... Unlawful act causing manslaughter (reckless
LAWS1021 Crime and the Criminal Process Intent and Reckless Indifference... Constructive Murder... Unlawful act causing manslaughter (reckless indifference to human life) - involves reasonable man test...
LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2012
Note to Candidates and Tutors: LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2012 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2018
Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2018 The purpose of the suggested answers is to provide candidates and tutors with guidance as to the key points candidates
SAMPLE Criminal Law HD Exam Scaffold
SEXUAL ASAULT -s 61I Crimes Act 'Basic' sexual assault: Actus reus: the Crown must prove BRD both of the following limbs: 1. The accused must have had sexual intercourse with the victim. Sexual penetration
Introduction to Criminal Law
Introduction to Criminal Law CHAPTER CONTENTS Introduction 2 Crimes versus Civil Wrongs 2 Types of Criminal Offences 3 General Principles of Criminal Law 4 Accessories and Parties to Crimes 5 Attempted
1.2 Explain the nature of an actus reus. 1.4 Identify principal types of mens rea. 1.5 Explain the meaning and significance of transferred malice.
Unit 3 Title: Criminal Law Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the fundamental principles of criminal liability Assessment criteria The learner can: 1.1 Define actus
Criminal Law II Overview Jan June 2006
Inchoate Liability Incitement Incitement is the common law offence (see Whitehouse [1977]) of influencing the mind of another whilst intending him to commit a crime. Its actus reus is the actual communication
Offences 3. S300 Unlawful homicide 3. S302(1)(a) Intentional Murder 4. S303 Manslaughter 7. S335 Common Assault 9
4032LAW Exam Notes Offences 3 S300 Unlawful homicide 3 S302(1)(a) Intentional Murder 4 S303 Manslaughter 7 S335 Common Assault 9 S339 Assault occasioning bodily harm 10 S340 Serious assaults 11 S317 Acts
LAWS1206 Criminal Law 1 st Semester 2011
LAWS1206 Criminal Law 1 st Semester 2011 How to Use this Script: These sample exam answers are based on problems done in past years. Since these answers were written, the law has changed and the subject
LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JUNE 2012
Note to Candidates and Tutors: LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JUNE 2012 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
10: Dishonest Acquisition
WEEK (week beginning Monday) 1 (28 July) 1 2 (4 August) 3 CLASS CHAPTER TOPIC PAGE NOS. 2 5: Homicide 4 3 (11 August) 5 4 (18 August) 7 6 6: Defences 8 Introduction, (some classes may view a video and/or
Criminal Law Doctrine and Theory
Criminal Law Doctrine and Theory Third edition William Wilson Hartow, England - London New York Boston San f rancisco Toronto Sydney Tokyo Singapore Mong Kong Seoul Taipei New Delhi Cape Town Madrid Mexico
CRIMINAL LAW TJ MCINTYRE SEAN Ô TOGHDA
CRIMINAL LAW TJ MCINTYRE SEAN Ô TOGHDA ROUND HALL THOMSON REUTERS TABLE OF CONTENTS Foreword Preface Table of Cases Table of vii ix xix xxxi CHAPTER 1 GENERAL PRINCIPLES 1 Defining the Criminal Law 1 Background
A CASEBOOK ON SCOTTISH CRIMINAL LAW
A CASEBOOK ON SCOTTISH CRIMINAL LAW Fourth Edition Christopher H.W. Gane, LL.B., Professor of Scots Law, University of Aberdeen Charles N. Stoddart, LL.B., LL.M. (McGill), Ph.D., Formerly Sheriff of Lothian
Hart s View Criminal law should only act on bare minimum and it should not extend into the private realm
NATURE OF CRIMINAL LAW AND CRIMINAL RESPONSIBILITY What is Crime? Two thought pools: Criminal law not linked to central morals of society Views of positivists Criminal law is linked to morals or views
Choose the best choice and mark it on your answer sheet. Part A: Fill in the Blanks
: : : : ( ) : : : : : / Choose the best choice and mark it on your answer sheet. Part A: Fill in the Blanks 1-The physical element of a crime is the 1. mens rea 2. actus reus 3. offence 4. intention 2-A
LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013
Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
1 Criminal Responsibility
1 Criminal Responsibility 1.1 Who can commit crimes? A person who is: Over the age of 18 A rational being Capable of understanding the difference between right and wrong Able to control conscious actions
CHAPTER 1: FOUNDATIONS
Table of Contents CHAPTER 1: FOUNDATIONS 5 THREE JUSTIFICATIONS FOR CRIMINALISATION: 5 ELEMENTS OF GUILT 5 CRIMINAL RESPONSIBILITY OF CHILDREN 6 CORPORATIONS 6 THE AIMS OF PUNISHMENT 6 DOUBLE JEOPARDY
TABLE OF CONTENTS. Preface... Major Works Referred to... INTRODUCTION: THE NEED TO ADOPT BROADER PERSPECTIVES... 1
Preface... Major Works Referred to... v ix Chapter 1 INTRODUCTION: THE NEED TO ADOPT BROADER PERSPECTIVES... 1 A. Canada s Criminal Code... 2 B. Rocky Road to General Part... 4 C. Sources of Criminal Law...
CRIMINAL LAW: TEXT AND MATERIALS
CRIMINAL LAW: TEXT AND MATERIALS Fifth Edition by C. M. V. CLARKSON, B.A.,LL.B.,LL.M. Trofessor oflaw, University ofleicester H. M. KEATING, LL.M. Senior Lecturer in Law, University ofsussex LONDON SWEET
Homicide: Intent and Reckless Indifference [Week 1B]! Wednesday, 30 July 2014! 3:12 pm! Criminal Laws (Brown et al) [ ]!! Homicide: Murder and
![Homicide: Intent and Reckless Indifference [Week 1B]! Wednesday, 30 July 2014! 3:12 pm! Criminal Laws (Brown et al) [ ]!! Homicide: Murder and](/thumbs/83/87505616.jpg "Homicide: Intent and Reckless Indifference [Week 1B]! Wednesday, 30 July 2014! 3:12 pm! Criminal Laws (Brown et al) [ ]!! Homicide: Murder and")
Homicide: Intent and Reckless Indifference [Week 1B] Wednesday, 30 July 2014 3:12 pm Criminal Laws (Brown et al) [425-448] Homicide: Murder and Involuntary Manslaughter Patterns of Homicide: A Wallace,
~~~~~ Week 6. Element of a Crime
~~~~~ Week 6 Element of a Crime PHYSICAL ELEMENTS OF A CRIME (AR) Physical elements may refer to: o A specified form of conduct such as: An act; An omission; or There is a CL duty not to cause harm to
Actus Reus - Introduction
Actus Reus - Introduction 1/10 MR e.g. Unlawful application of force ( Lord Steyn in R v Ireland [1997]) - Conduct Crime Assault causing actual bodily harm (s47 OAPA) - Result Crime Actus Reus - Introduction
LAWS1206 Criminal Law and Procedure 1 st Semester 2006
LAWS1206 Criminal Law and Procedure 1 st Semester 2006 How to Use this Script: These sample exam answers are based on problems done in past years. Since these answers were written, the law has changed
LEVEL 3 - UNIT 3 - CRIMINAL LAW SUGGESTED ANSWERS JUNE 2011
Note to Candidates and Tutors: LEVEL 3 - UNIT 3 - CRIMINAL LAW SUGGESTED ANSWERS JUNE 2011 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
MLL214 CRIMINAL LAW 2013 MICHAEL KRIEWALDT
MLL214 CRIMINAL LAW 2013 MICHAEL KRIEWALDT THE FUNDAMENTALS OF CRIMINAL LAW 1 1. Introduction In this unit we are looking at the basic principles and underlying rationales of the substantive criminal law.
CRIMINAL LAW SUMMARY LAWSKOOL.CO.UK LAWSKOOL PTY LTD
CRIMINAL LAW SUMMARY LAWSKOOL.CO.UK LAWSKOOL PTY LTD CONTENTS INTRODUCTION TO CRIMINAL LAW 7 DEFINITION OF CRIMINAL LAW 7 Deterrence 7 Rehabilitation 7 Public Protection 7 Retribution 8 CRIMINAL LAW AND
Criminal Law Guidebook - Chapter 10: Extending Criminal Responsibility
The following is a suggested solution to the problem question on page 246. It represents an answer of an above average standard. The ILAC approach to problem-solving as set out in the How to Answer Questions
SOC 3395: Criminal Justice & Corrections Lecture 4&5: Criminal Law & Criminal Justice in Canada II:
SOC 3395: Criminal Justice & Corrections Lecture 4&5: Criminal Law & Criminal Justice in Canada II: In the next 2 classes we will consider: (i) Canadian constitutional mechanics; (ii) Types of law; (iii)
CRIMINAL LAW & PROCEDURE: SEMINARS & FINAL EXAM NOTES
CRIMINAL LAW & PROCEDURE: SEMINARS & FINAL EXAM NOTES TABLE OF CONTENTS 3A: General Principles Proof, Capacity, and Elements of Criminal Offences 2 Introduction 2 Elements of Criminal Liability 4 3B: External
The Sources of and Limits on Criminal Law 1
CONTENTS Preface xiii Acknowledgments About the Author xv xvii I. CHAPTER 1 The Sources of and Limits on Criminal Law 1 A. Introduction 1 1. The Purpose of Criminal Law 1 a) Morality and Blame 2 b) The
HSC Legal Studies. Year 2016 Mark Pages 33 Published Feb 7, Legal- Crime Notes. By Annabelle (97.35 ATAR)
HSC Legal Studies Year 2016 Mark 94.00 Pages 33 Published Feb 7, 2017 Legal- Crime Notes By Annabelle (97.35 ATAR) Powered by TCPDF (www.tcpdf.org) Your notes author, Annabelle. Annabelle achieved an ATAR
THE FUNDAMENTALS OF CRIMINAL LAW (CHAPTER 1 PAGE 3) WEEK 1 INTRODUCTION & OVERVIEW & OFFENCES OF STRICT & ABSOLUTE LIABILITY
1 MLL214 Notes Criminal Law THE FUNDAMENTALS OF CRIMINAL LAW (CHAPTER 1 PAGE 3) WEEK 1 INTRODUCTION & OVERVIEW & OFFENCES OF STRICT & ABSOLUTE LIABILITY Criminal law is made up of both a substantive and
MLL214 Criminal Law Exam Notes and Cases
MLL214 Criminal Law Exam Notes and Cases 1 Topic 1 Introduction to Criminal Law Contents Page Page 6: Fundamentals of Criminal Law Page 7: Strict Liability Page 8: Absolute Liability Page 9: Case: He Kew
Preview from Notesale.co.uk Page 1 of 63
Criminal Law General Elements of Criminal Liability A guilty act (Actus Reus) + A guilty mind (Mens Rea) - Defense (Absence of a relevant defense) = Criminal liability The terms AR and MR are simply use
Criminal Justice: A Brief Introduction Twelfth Edition
Criminal Justice: A Brief Introduction Twelfth Edition Chapter 3 Criminal Law The Nature and Purpose of Law (1 of 2) Law A rule of conduct, generally found enacted in the form of a statute, that proscribes
CHIEF EXAMINER COMMENTS
CHIEF EXAMINER COMMENTS WITH SUGGESTED ANSWERS JUNE 2018 LEVEL 3 UNIT 3 CRIMINAL LAW Note to Candidates and Learning Centre Tutors: The purpose of the suggested answers is to provide candidates and learning
Topic 5 Non-fatal,Non-sexual offences against the person
Topic 5 Non-fatal,Non-sexual offences against the person Examine how the criminal law deals with some common harms against the person and cover the elements of several non-fatal, non-sexual offences against
CHAPTER. Criminal Law
CHAPTER 4 Criminal Law 1 Law A law is 2 What Do Laws Do? Laws help to: How do they do this? Give Example 3 Where are our laws? Laws are found in statutory provisions and constitutional enactments, as well
LLB130 NOTES !!!!!!!!
! LLB130 NOTES!!!!!!!! Contents Defining Crime 4 Components of Criminal Offences I 9 General Principles 9 Actus Reus and Mens Rea 10 Actus Reus 11 Mens Rea 14 Criminal Responsibility and the Burden of
Criminal Law, 10th Edition
Criminal Law, 10th Edition Chapter 02: Principles of Criminal Liability Multiple Choice 1. One who actually commits the act that causes a crime to occur is a a. principal actor b. principal in the first
Administrative-Master Syllabus form approved June/2006 revised Page 1 of 1
revised 11-02-06 Page 1 of 1 Administrative - Master Syllabus I. Topical Outline Each offering of this course must include the following topics (be sure to include information regarding lab, practicum,
CRIMINAL LAW MURDER & MANSLAUGHTER
CRIMINAL LAW MURDER & MANSLAUGHTER This is basically a common-law offence and to constitute it there must be an unlawful killing of another human being under the Queen s peace with malice aforethought.
CRIME, LAW AND MORALITY
LAWS5004 Criminal Law Class 1 CRIME, LAW AND MORALITY (i) Sources of criminal law NSW a CL state; no Criminal Code But most of state s criminal law in the NSW Crimes Act 1900 (e.g. murder, sexual assault)
LAWS106 CRIMINAL LAW Semester
Week One: The Criminal Law Chapter One of Text What is a crime? LAWS106 CRIMINAL LAW Semester 1 2014 Professor Glanville Williams defines a crime as: 'A crime (or offence) is a legal wrong that can be
SAM NOTES CRIMINAL LAW 2. Reckless (s 35) [ACCUSED] may be charged with common assault (s 61) by. threat (psychic assault).
![SAM NOTES CRIMINAL LAW 2. Reckless (s 35) [ACCUSED] may be charged with common assault (s 61) by. threat (psychic assault).](/thumbs/92/111022338.jpg "SAM NOTES CRIMINAL LAW 2. Reckless (s 35) [ACCUSED] may be charged with common assault (s 61) by. threat (psychic assault).")
ASSAULT Flow chart summary of ASSAULT offences Assault Common assault (s 61) Aggravated assault By touch Actual bodily harm (s 59) Reckless (s 35) Specific intent (s 33) Negligence (s 54) By threat (psychic)
Underlying principles of Criminal Liability
Actus Reus 2 of 9 THE GUILTY ACT! Involuntary Acts - does not form actus reus - Hill v Baxter (1958); swarm of bees Omissions - a failure to act is not an act. Where a person's contract requires him to
FACULTY OF LAW LAWS5004 CRIMINAL LAW (OFFENCES & DEFENCES) EXTENDED SUMMARIES
Raffael Maestri! 1 FACULTY OF LAW LAWS5004 CRIMINAL LAW (OFFENCES & DEFENCES) EXTENDED SUMMARIES OFFENCES DEFENCES Assault (non-sexual) Provocation Sexual Assault Self-Defence Homicide I: Murder Duress
CRIMINAL LAW SUMMARY
SUMMARY LAWSKOOL PTY LTD TABLE OF CONTENTS PRE-TRIAL PROCEDURES...10 DISCRETION TO ARREST...10 Internal police guidelines...10 LEGALITY OF ARREST...11 POLICE INTERVIEW IN CUSTODY...12 ELEMENTS OF A FAIR
ADMINISTRATION OF JUSTICE GENERAL ASPECTS OF CRIMINAL LAW. Name: Period: Row:
ADMINISTRATION OF JUSTICE GENERAL ASPECTS OF CRIMINAL LAW Name: Period: Row: I. INTRODUCTION TO CRIMINAL LAW A. Understanding the complexities of criminal law 1. The justice system in the United States
Guide to Criminal Law. Contents
Introduction Contents Table of cases 1. The Development of Law 15 Customs 15 General customs 16 Local customs 16 Common law 16 Equity 18 Judicial precedents 19 The doctrine of precedents 19 Original precedents
Index. MISCARRIAGE, 268, ACCOMPLICES accomplice to attempt, attempt to aid and abet, counselling,
Index ABANDONMENT abandonment going to elements of offence, 50 51, 328 329 defence of abandonment arguments against, 326 328 arguments for, 323 325 availability Australia, 317 319 Canada and England, 312
Defenses for the Accused. Chapter 10
Defenses for the Accused Chapter 10 Denial A defense is the denial of committing the act or giving justification of what otherwise would be considered a criminal act. The most common defense for an accused
Criminal Law. Concentrate. Preview Copyrighted Material. Rebecca Huxley-Binns. 4th edition
Criminal Law Concentrate Rebecca Huxley-Binns Professor of Legal Education, Nottingham Law School National Teaching Fellow 4th edition 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford
LAWS1022 Criminal Laws Summary Sheet
LAWS1022 Criminal Laws Summary Sheet Murder S 18 of the Crimes Act makes murder an offence. To make out this offence, the P must prove BRD the following elements (Woolmington v DPP [1935]): 1. Voluntary
CRIMINAL OFFENCES. Chapter 9
CRIMINAL OFFENCES Chapter 9 LEVELS OF OFFENCES In the Canadian legal system we have three levels of criminal offences. Summary Conviction Offences Indictable Offences Hybrid Offences LEVELS OF OFFENCES:
ZIMBABWE SCHOOL EXAMINATIONS COUNCIL (ZIMSEC) ORDINARY LEVEL SYLLABUS/SCHOOL CERTIFICATE LAW (2292)
ZIMBABWE SCHOOL EXAMINATIONS COUNCIL (ZIMSEC) ORDINARY LEVEL SYLLABUS/SCHOOL CERTIFICATE LAW (2292) EXAMINATION SYLLABUS FOR NOVEMBER EXAMINATION ONLY Aims 1. To stimulate a study of the principles and
CRIMINAL LAW. Course Goals: My goals for this course are for you to:
CRIMINAL LAW University of Washington School of Law Spring 2017 / Professor Jessica L. West (206) 543-7491 / JWest2@uw.edu MWF 1:30-3:00 PM, William H. Gates Hall, Room 117 Overview: Some of you will practice
RELEVANT SECTIONS S.323
COMPLICITY RELEVANT SECTIONS S.323 Interpretation 1. For the purposes of this Subdivision, a person is involved in the commission of an offence if the person a. Intentionally assists, encourages or directs
JUDICIAL COLLEGE. 3. There is no longer any separate category of parasitic accessory/joint enterprise liability.
JUDICIAL COLLEGE A NOTE ON SECONDARY LIABILITY AND JOINT ENTERPRISE AFTER JOGEE 1 1. As the recent case of R v Jogee 2 ; Ruddock v The Queen 3 makes clear, the same principles govern every form of secondary
ESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM. CRIMINAL LAW ESSAY
I. PRINCIPLES OF CRIMINAL LAW a. Actus reus b. Mens rea c. Concurrence d. Causation II. III. ESSAY APPROACH www.barexamdoctor.com CRIMINAL LAW ESSAY ACCOMPLICE LIABILITY a. Elements of accomplice liability
JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW. 3 Credit Hours. Prepared by: Mark A. Byington
JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW 3 Credit Hours Prepared by: Mark A. Byington Revised by: Mark A. Byington Revised Date: August 2014 Dr. Sandy Frey, Chair, Social Science Division
INSTITUTE OF LEGAL EXECUTIVES CRIMINAL LAW EXAMINER S REPORT AUTUMN 2007
Subject 23 INSTITUTE OF LEGAL EXECUTIVES CRIMINAL LAW EXAMINER S REPORT AUTUMN 2007 Comments on Overall performance There were some very good responses to some of the questions, but the standard of exam
JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW. 3 Credit Hours. Prepared by: Mark A. Byington
JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW 3 Credit Hours Prepared by: Mark A. Byington Revised by: Mark A. Byington Revised date: August 2014 Dr. Sandy Frey, Chair, Social Science Division
The defendant has been charged with first degree murder.
Page 1 of 11 206.14 FIRST DEGREE MURDER - MURDER COMMITTED IN PERPETRATION OF A FELONY 1 OR MURDER WITH PREMEDITATION AND DELIBERATION WHERE A DEADLY WEAPON IS USED. CLASS A FELONY (DEATH OR LIFE IMPRISONMENT);
CPS Guidance on: Joint Enterprise Charging Decisions Document July 2012
CPS Guidance on: Joint Enterprise Charging Decisions Document July 2012 1/20 December 2012 Joint Enterprise charging decisions Principal, secondary and inchoate liability Contents Introduction Concerns
I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i.
I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i. A specific intent crime is one in which an actual intent on the part of the
CRIMINAL LAW OUTLINE1
DAN WILSON'S OUTLINES My outlines are not intended to be definitive, comprehensive treatments of the various subjects. They are offered to show the thought processes of a successful bar study process.
Criminal Seminar Accessorial liability in criminal law after R v Jogee. Tuesday 25 October 2016
Criminal Seminar Accessorial liability in criminal law after R v Jogee Tuesday 25 October 2016 James Parry Chair, Criminal Law Committee Professor David Ormerod QC law commissioner for England and Wales
4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?
1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, 14 2. What is the purpose of Law? Laws reflect the values and beliefs of a society. A rule enforced by government 3. What are laws? 1)Set
A-Level Law. LAW03 Criminal Law (Offences against the Person) or Contract Law Final Mark Scheme June Version/Stage: v1.
A-Level Law LAW03 Criminal Law (Offences against the Person) or Contract Law Final Mark Scheme 2160 June 2017 Version/Stage: v1.0 Mark schemes are prepared by the Lead Assessment Writer and considered,
THE CRIMINAL EQUATION
THE CRIMINAL EQUATION Actus Reus + Mens Rea = CRIME Actus Reus Latin for guilty act This simply means the physical act of committing a crime 1 Mens Rea Latin for guilty In the Criminal Code you will find