Criminal Law Exam Notes
|
|
- Joel Day
- 5 years ago
- Views:
Transcription
1 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... Error! Bookmark not defined. Property in Someone Else s Possession... Error! Bookmark not defined. Without Consent of the Person in Possession... Error! Bookmark not defined. Intent to Deprive Permanently... Error! Bookmark not defined. Without a Claim of Right Made in Good Faith... Error! Bookmark not defined. Fraudulently... Error! Bookmark not defined. Temporal Coincidence... Error! Bookmark not defined. Larceny by Finding... Error! Bookmark not defined. ASSAULT... Error! Bookmark not defined. Degree of Injury... Error! Bookmark not defined. Common Assault... Error! Bookmark not defined. Assault Occasioning Actual Bodily Harm... Error! Bookmark not defined. Reckless GBH or Wounding... Error! Bookmark not defined. Wounding/GBH with Intention to Inflict GBH... Error! Bookmark not defined. Actus Reus... Error! Bookmark not defined. Psychic Assault... Error! Bookmark not defined. Battery... Error! Bookmark not defined. Mens Rea... Error! Bookmark not defined. Intentional Assault... Error! Bookmark not defined. Reckless Assault... Error! Bookmark not defined. Negligence... Error! Bookmark not defined. SEXUAL ASSAULT... Error! Bookmark not defined. Acuts Reus... Error! Bookmark not defined. Sexual Assault... Error! Bookmark not defined. Absence of Consent... Error! Bookmark not defined. Intention... Error! Bookmark not defined. Recklessness... Error! Bookmark not defined. EXTENDING CRIMINAL LIABILTY PARTICIPATION & ATTEMPT... Error! Bookmark not defined.
2 Complicity... Error! Bookmark not defined. Doctrine of Innocent Agency... Error! Bookmark not defined. Accessories Before the Fact & Principals of the Second Degree... Error! Bookmark not defined. Actus Reus... Error! Bookmark not defined. Joint Criminal Enterprise... Error! Bookmark not defined. Doctrine of Common Purpose... Error! Bookmark not defined. Attempt... Error! Bookmark not defined. Actus Reus... Error! Bookmark not defined. DEFENCES... Error! Bookmark not defined. Insanity... Error! Bookmark not defined. Elements... Error! Bookmark not defined. Automatism... Error! Bookmark not defined. Sane and Insane Automatism... Error! Bookmark not defined. Intoxication... Error! Bookmark not defined. Burden of Proof... Error! Bookmark not defined. Self-induced v Involuntary Intoxication... Error! Bookmark not defined. Actus Reus... Error! Bookmark not defined. Mens Rea... Error! Bookmark not defined. Self-Defence... Error! Bookmark not defined. Duress... Error! Bookmark not defined. Elements... Error! Bookmark not defined. Necessity... Error! Bookmark not defined. Elements... Error! Bookmark not defined.
3 Homicide Homicide is the killing of a human being o Unlawful = killing not excused by law o Divided into manslaughter and murder Covered by NSW Crimes Act 1900 s 18 Manslaughter is divided into two further categories o Voluntary manslaughter = necessary mens rea is present but there are mitigating factors or partial defences (eg. provocation/sim) o Involuntary manslaughter = no necessary mens rea for murder but there is a lesser form of mens rea present Murder (s18(1)(a)) Actus Reus Voluntary act/omission and Causation Mens Rea Intent to kill or Intent to inflict GBH or Reckless indifference or Constructive murder Actus reus and mens rea at the same time Voluntary manslaughter A has M/R for murder Actus Reus Requisites Provocation (s23) Same as murder Provocative conduct. Objective test: (a) determine gravity of conduct, then (b) given gravity could it have caused an ordinary person with the minimum powers of self-control to have formed an intent to kill or inflict GBH on the deceased Actual loss of self-control (Stingel). Substantial Impairment (s23a) Same as murder Involuntary manslaughter A does not have M/R for murder At the time of the act or omission, A was suffering from an abnormality of mind. Abnormality of mind arose from an underlying condition that is a legally recognised cause. Impairment was so substantial as to warrant liability for murder being reduced to manslaughter. Unlawful & dangerous act (defined by common law) Negligent (defined by common law and can be committed by way of a positive act or omission) Actus Reus Voluntary act (not omission) and Causation Same as murder Requisites The act must be unlawful (breach of criminal law) Dangerous (reasonable person would realise they were exposing another to an appreciable risk of serious injury) (Wilson). A committed an act or A has duty of care to the V (omission). Standard of care A has not adverted to the risk of death or GBH in circumstances where a reasonable person would have. Breach of duty: there was a great falling short of the standard of care to warrant criminal punishment (Nydam)
4 Causation Link between the act/omission and the prohibited death Usually not an issue straightforward proof Problems = multiple causes of death 1. Tests from Royall v R Basic test = substantial and operating cause test = focuses on whether the act of A was a operating/substantial cause of the death = vague/not definitive Other tests = natural consequence test (Hallett), reasonable foresight of the consequences test, novus actus interveniens test = all have problems Chain of Causation difficulties as to whether chain is broken 1. Where there is novus actus interveniens (new or intervening act/event) then causal chain between the accused and death of V is broken 2. R v Hallett = drowning after assault natural consequence test does not break 3. Royall v R = jumped out window after assault was no NAI no break s/o cause test 4. R v Smith = bad medical treatment only breaks if it is more substantial than first cause Types of causation 1. Factual Causation must be made out in every case But for test 2. Legal Causation Common sense Substantial and operating cause Both of these first two are approved of in Royall note that both require a great deal of discretion from the jury Note: HCA still has not settled on one single test (Royall best authority) Reasonable foreseeability Natural consequence Human Beings Unborn Babies 1. s 20 Crimes Act: child shall be held to have been born alive if it has breathed, and has been wholly born into the world, whether it has had independent circulation or not 2. R v West (1848)/R v Kwok Ming (1963) = if a child is injured in the womb or in birth, and is born alive but dies of injuries thereafter, homicide has been committed 3. R v Hutty (1953) = legally a person is not in being until he or she is fully born in a living state. It has a separate and independent existence in the sense that it does not derive its power of living from its mother 4. R v Iby (2005) applied Hutty = found that no single test for determining beginning of human life and no consensus on legal status of a foetus in the womb 5. Abortion differs between states debate (no successful prosecutions in NSW for 30yrs)
5 Murder Covered by s 18 (1)(a) of the Crimes Act 1900 (reflects common law murder) ELEMENTS Actus Reus A person was killed Voluntary act or omission Prosecution is entitled to presume accused acted voluntarily in the absence of contrary evidence (R v Falconer) and there is nothing on the facts to suggest that the acts were nothing but willed and conscious (R v Ryan) Act or omission must cause death (if omission a duty to act must be established as in Taber) ELEMENTS Mens Rea Act or omission must have been done with: 1. Reckless indifference to human life (subjective standard accused recognising that death was probable) OR 2. Intent to Kill OR 3. Intent to commit grievous bodily harm OR 4. While accused/accomplice was committing another crime = Constructive Murder o 25 year foundational offence o Voluntary act causing death (no link b/w offence and death as in Munro) o In attempting/during/immediately after the foundation offence Temporal Coincidence Some sort of temporal coincidence between actus reus and mens rea is needed (Thabo Meli) Complex question 1. Courts have created concept that actus reus continues through time 2. Issues as to whether series of acts were part of chain is question of fact for jury Related to chain of causation However, some cases have got around this requirement by perceiving a series of incidents as forming a continuing act (Fagan v Metropolitan Police Commissioner 1969) Omissions Possible to commit murder or manslaughter by omission (failure to act) Elements (R v Taktak): 1. Legally recognised duty to act found in CL/statute 2. Standard of care A did not avert risk of death/gbh to V reasonable person test 3. Breach great falling short of duty warranting criminal punishment (Nydam) or was indifferent to the risk (Taktak) 4. Omission caused the death of V Reckless Indifference A was indifferent to whether or not his act took that life and he committed the act with such an attitude of mind to its result that you should consider it to be reckless indifference (R v Royall) Differs from statute law 1. S 18 departs from the common law in that it requires foresight of the probability of death; foresight of the probability of grievous bodily harm is not enough
6 Cases Royall v R (1991) = applicant convicted of murder of woman who fell from 6 th floor R v Jordan (1956) = V stabbed, wound almost healed given antibiotics but allergic then given antibiotics again doctor guilty 1. Abnormal treatment can be seen as a supervening event to break chain 2. ONLY CASE WHERE DOCTOR HAS BROKEN CHAIN OF CAUSATION R v Smith (1959) = accused stabbed victim on way to medical station was dropped twice given oxygen instead of blood transfusion 1. wound is operating and substantial cause of death even if another cause is operating 2. Second cause must be so overwhelming to make the first cause part of the history R v Blaue (1975) = accused stabbed victim but she didn t receive blood transfusion because JW 1. Egg shell skull principle = take victim as you find them R v Evans/Gardiner (1976) = accused stabbed victim had successful bowel resection but died 11 months later from stricture not an uncommon complication in such an operation R v Dalby (1982) = accused supplied drugs to addict who overdosed R v Hallett (1969) = accused knocked victim unconscious on beach, drowned as tide came in More Cases R v Grimes and Lee = man jumped out train window after being robbed further threat involved key concept is A s conduct creates in mind of V a reasonable apprehension of danger as a result of which V takes steps to escape leading to death no requirement that steps taken to escape are reasonable R v Paggett = not necessary that an act/omission be the sole/main cause of a wrong R v Roberts (1971) = foresight principle (much like the natural consequence test) = was the result something the A could have reasonably foreseen as a result of their actions confirmed in Mackie R v Mackie (1973) = boy died after falling down stairs to avoid A who ill treated him in the past attempt to escape must be seen as natural consequence of an unlawful act Arulthilakan v The Queen (2003) = endorsed language of the substantial cause R v Malcherek (1981) = man stabbed wife she went to hospital heart complications led to surgery then brain damage then life support machine permanent brain damage and machine turned off found disconnection of life support did not break chain of causation between affliction of original injury and death Depression 1. Ritchie and Cavanough = depression may be the basis of an abnormality arising from an underlying condition but it does not necessarily follow that D was substantially impaired at the time they killed to warrant reducing murder to manslaughter 2. Troja (unreported, NSW, CCA, 16 July, 1991) = A was charged with murder of her estranged husband who she shot, was able to argue SIM in combination with provocation. TJ noted her depressive illness interfered with her clarity of thought and impaired her ability to cope with her feelings of rejection, anxiety and poor self-image.
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
More information1 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
More informationMLL214 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.
More informationJURD7122/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
More information~~~~~ 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
More informationCRIMINAL LAW FINAL EXAM SUMMARY
CRIMINAL LAW FINAL EXAM SUMMARY 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...
More informationSAMPLE 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
More informationStrict 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
More informationMLL214 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
More information10: 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
More informationContents 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
More informationTo 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
More informationUnderlying 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
More informationLAWS1021 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...
More informationCRIMINAL 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
More informationHSC 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
More informationOffences 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
More informationCriminal 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
More informationAnswers to practical exercises
Answers to practical exercises Chapter 15: Answering problem questions Page 360: Evaluation/Marking Exercise Evaluating the work of others can be a really powerful way of improving your own work. The question
More information(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
More informationPART 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:...
More informationMLL214 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
More informationCriminal 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
More informationCausation & Other issues
Principles of Criminal Liability 3: Causation & Other issues By the end of this unit you should be able to (AO1): Define what is meant by causation in the criminal law Explain what is meant by a new intervening
More informationLoveless, Allen, and Derry: Complete Criminal Law 6e, Chapter 02
Think box 2.1 D attends a show by a famous hypnotist in the course of which he is conditioned to embrace anyone wearing a uniform. After the show, a police officer (V) approaches D to tell him he is illegally
More informationLEVEL 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
More informationLEVEL 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
More informationI. Homicide: Part 1 a. Rationale: i. Defining the legal subject: and who is a criminal and who is a victim? ii. Look at: 1. Death a.
I. Homicide: Part 1 a. Rationale: i. Defining the legal subject: and who is a criminal and who is a victim? ii. Look at: 1. Death a. Is the victim alive or dead 2. Age: a. Is D really a criminal is he
More informationCRIMINAL 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
More informationCHIEF 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
More informationCRIMINAL 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.
More informationHomicide: 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,
More informationLEVEL 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
More informationIntroduction 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
More informationHSC 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
More informationDefenses 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
More informationLEVEL 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
More informationCriminal 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
More informationCRIMINAL LAW ESSAY SERIES ESSAY QUESTION #2 MODEL ANSWER. 1. With what crime or crimes should Dan be charged? Discuss.
CRIMINAL LAW ESSAY SERIES ESSAY QUESTION #2 MODEL ANSWER As Dan walked down a busy city street one afternoon, Vic, a scruffy, long-haired young man, approached him. For some time, Dan had been plagued
More information1. 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
More informationESSAY 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
More informationIntroduction 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
More informationElements. Automatism and Voluntariness
Elements Automatism and Voluntariness There is a general presumption of voluntariness which can be displaced by the defendant. Then the Pros must prove it was voluntary beyond reasonable doubt (Falconer)
More informationCriminal 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
More informationThe 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
More informationCRIM 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...
More informationPrincipals and Accessories after Jogee
1 Principals and Accessories after Jogee The best way in to understanding the state of the law on principals and accessories 1 after the UKSC s decision in Jogee [2016] UKSC 8 is by considering a number
More informationA 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
More informationLAWS1206 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
More informationLEVEL 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
More informationCriminal 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
More informationCRIMINAL 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
More informationLegal Liability. Sophie Foyston ROB
Legal Liability Sophie Foyston ROB14236233 Contents Task 1... 3 Part 1 (P1 and P2)... 3 Neighbour Principle... 3 Duty of Care... 3 Breach of Duty... 3 Damage... 4 Compensation... 4 Part 2 (M1)... 5 Part
More informationFAULT 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
More informationCRM 321 Mod 5 Lecture Notes
CRM 321 Mod 5 Lecture Notes In this module we will examine the worst of the crimes that can be committed - crimes against persons. Persons crimes are distinguished from so-called victimless crimes, crimes
More informationLEVEL 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
More informationCriminal 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
More informationQuestion With what crime or crimes should Dan be charged? Discuss. 2. What defense or defenses might Dan assert? Discuss.
Question 2 As Dan walked down a busy city street one afternoon, Vic, a scruffy, long-haired young man, approached him. For some time, Dan had been plagued by a pathological fear that long-haired transients
More information1.2 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
More informationCourse 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)
More informationMLL214&'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
More informationCRIMINAL 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
More informationSlide 1. Slide 2 Basic denial defence which is used when the accused claims that he or she was not present at the time of the offence.
Slide 1 (including Excuses and Justifications) Slide 2 Basic denial defence which is used when the accused claims that he or she was not present at the time of the offence. Independent evidence supporting
More informationCRIMINAL 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
More informationLAW SHEET No.1 UNLAWFUL KILLING 1
LAW SHEET No.1 UNLAWFUL KILLING 1 1. Following the decision of the High Court in R (Wilkinson) v HM Coroner for Greater Manchester South District [2012] EWHC 2755 (Admin) the conclusion 2 of unlawful killing
More informationSKILLS Workshop Series Academic Support:
Criminal Law: Applying Test-taking Skills to Substantive Law Prof Homer: jhomer@law.whittier.edu Prof Dombrow: kdombrow@law.whittier.edu Prof Gutterud: hgutterud@law.whittier.edu SKILLS Workshop Series
More informationLAW03: Criminal Law (Offences against the Person) Involuntary Manslaughter: Unlawful Act Manslaughter.
LAW03: Criminal Law (Offences against the Person) Involuntary Manslaughter: Unlawful Act Manslaughter. Unlawful Act Manslaughter There are 4 elements that must be satisfied... 1. The D must do an unlawful
More informationCRIMINAL 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:
More informationLecture 3: The American Criminal Justice System
Lecture 3: The American Criminal Justice System Part 1. Classification of Law Part 2. Functions of Criminal Law Part 3: Complexity of Law Part 4: Legal Definition of Crime Part 5: Criminal Defenses Part
More informationSOC 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)
More informationUNLAWFUL AND DANGEROUS ACT MANSLAUGHTER:
Unlawful and Dangerous Act Manslaughter 228 UNLAWFUL AND DANGEROUS ACT MANSLAUGHTER: R. v. WILLS1 The defendant ("D") was out shopping with his de facto wife when he saw in the street his legal wife from
More informationQuestion What criminal charges, if any, should be brought against Art and Ben? Discuss.
Question 3 After drinking heavily, Art and Ben decided that they would rob the local all-night convenience store. They drove Art s truck to the store, entered, and yelled, This is a stickup, while brandishing
More informationLAWS1206 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
More informationQuestion 2. With what crimes, if any, could Al be charged and what defenses, if any, could he assert? Discuss.
Question 2 Al and his wife Bobbie owned a laundromat and lived in an apartment above it. They were having significant financial difficulties because the laundromat had been losing money. Unbeknownst to
More informationThe defendant has been charged with second degree murder. 1
Page 1 of 11 206.30 SECOND DEGREE MURDER WHERE A DEADLY WEAPON IS USED, COVERING ALL LESSER INCLUDED HOMICIDE OFFENSES AND SELF- DEFENSE. FELONY. NOTE WELL: If self-defense is at issue and the assault
More informationNOTE: SAMPLE TEACHING MATERIAL ISSUED BY FORENSICINDIA.COM FOR TEACHING PURPOSE ONLY. ILLEGAL COPYING AND DISTRIBUTION IS STRICTLY RESPRICTED. SPELLING ERROR IF ANY IS DEEPLY REGRETED. WWW.FORENSICINDIA.COM
More informationLAWS1206 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
More informationChoose 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
More informationTopic 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
More informationCHAPTER 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
More informationFlorida Jury Instructions. 7.2 MURDER FIRST DEGREE (1)(a), Fla. Stat.
Florida Jury Instructions 7.2 MURDER FIRST DEGREE 782.04(1)(a), Fla. Stat. When there will be instructions on both premeditated and felony, the following explanatory paragraph should be read to the jury.
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Criminal Law/Criminal Procedure/Constitutional Law And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1
More informationTHE 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
More informationI. 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
More informationLEVEL 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
More informationCriminal Causation and the Careless Doctor
Crirninul Causation and the Cureless Doctor John E. Stannard * Issues of causation rarely crop up in criminal cases. The reason for this is obvious. Where causation is in issue, a defendant will be trying
More informationCriminal 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
More informationCHAPTER 14. Criminal Law and Juvenile Law
CHAPTER 14 Criminal Law and Juvenile Law CRIMINAL LAW Chapter 14 Section I Case File and 345-347 Review the case file at the beginning of the chapter. Think about the situation (however exaggerated it
More informationSTRICT AND ABSOLUTE LIABILITY OFFENCES... 1 FATAL OFFENCES AGAINST THE PERSON HOMICIDE... 4
TABLE OF CONTENTS STRICT AND ABSOLUTE LIABILITY OFFENCES... 1 FATAL OFFENCES AGAINST THE PERSON HOMICIDE... 4 NON-FATAL OFFENCES AGAINST THE PERSON ASSAULT... 10 OTHER ASSAULT... 15 SEXUAL OFFENCES...
More informationUNIT 3 LEVEL 6 CRIMINAL LAW SUGGESTED ANSWERS January 2011
UNIT 3 LEVEL 6 CRIMINAL LAW SUGGESTED ANSWERS January 2011 Note The implementation of the Coroners and Justice Act 2009 which affects the meaning of provocation (now loss of control) and diminished responsibility
More informationCRIMINAL LAW CHART OF BLACK LETTER LAW DEFINITIONS & ELEMENTS
I. BASIC DEFINITION - Act + Mental State + Result = Crime Defenses II. ACTUS REUS - a voluntary act, omissions do not usually count. A. VOLUNTARY ACT Requires a voluntary and a social harm An act is voluntary
More informationAnswer A to Question 2
Question 2 Victor and Debra were dealers of cocaine, which they brought into the United States from South America in Debra s private plane. On a trip from South America, while Debra was flying her plane,
More informationADMINISTRATION 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
More informationTHE 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
More informationLEGAL STUDIES U1_AOS2: CRIMINAL LAW
LEGAL STUDIES U1_AOS2: CRIMINAL LAW Learning Intentions Learning Intentions: WWBAT understand and apply elements of a crime to crimes against a person. Offences Against the Person What are some of the
More informationCRIMINAL 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.
More informationINSTITUTE 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
More informationActus 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
More informationVOLUNTARY MANSLAUGHTER INCLUDING SELF-DEFENSE (IN THE HEAT OF
PAGE 1 OF 8 NOTE WELL: This instruction is designed for use in those cases in which the most serious homicide charged is voluntary manslaughter. It should be used only in cases where there is evidence
More informationThe defendant has been charged with second degree murder. 1. Under the law and the evidence in this case, it is your duty to return
PAGE 1 OF 14 NOTE WELL: If self-defense is at issue and the assault occurred in defendant s home, place of residence, workplace or motor vehicle, see N.C.P.I. Crim. 308.80, Defense of Habitation. The defendant
More information