LIST OF TOPICS
LIST OF CONTENTS...................................................................................................................................... 1
TOPIC - RULES AND THEORY......................................................................................................................2
TOPIC - GENERAL ELEMENTS OF CRIMINAL LIABILITY..........................................................................3
TOPIC - NON-FATAL OFFENCES AGAINST THE PERSON........................................................................ 7
Case: Assault.............................................................................................................................................7
Case: Battery............................................................................................................................................. 7
Case : Assault occasioning actual bodily harm (ABH) - section 47 Offences Against the Person Act
(OAPA) 1861..............................................................................................................................................8
Case: Malicious wounding or inflicting grievous bodily harm (GBH)- section 20 Offences Against the
Person Act (OAPA) 1861........................................................................................................................... 9
Case: Malicious wounding or inflicting grievous bodily harm with intent (GBH with intent)- section 20
Offences Against the Person Act (OAPA) 1861.......................................................................................10
TOPIC - EVALUATION-NON-FATAL OFFENCES....................................................................................... 11
TOPIC - FATAL OFFENCES AGAINST THE PERSON............................................................................... 13
Homicide.................................................................................................................................................. 13
Murder:.....................................................................................................................................................13
Voluntary Manslaughter........................................................................................................................... 13
Involuntary Manslaughter - Unlawful Act Manslaughter...........................................................................13
Involuntary Manslaughter - Gross Negligence Manslaughter.................................................................. 13
TOPIC - OFFENCES AGAINST PROPERTY.............................................................................................. 14
THEFT..................................................................................................................................................... 14
ROBBERY............................................................................................................................................... 18
TOPIC - PRELIMINARY OFFENCES - ATTEMPTS..................................................................................... 19
TOPIC - MENTAL CAPACITY DEFENCES.................................................................................................. 22
Insanity.....................................................................................................................................................22
Automatism.............................................................................................................................................. 23
Intoxication...............................................................................................................................................24
Criminal Justice and Immigration Act 2008..............................................................................................26
TOPIC - GENERAL DEFENCES...................................................................................................................28
1. Self - Defence...................................................................................................................................... 28
2. Duress by threats.................................................................................................................................30
3. Duress of Circumstances.....................................................................................................................32
4. Consent................................................................................................................................................33
TOPIC - EVALUATION - DEFENCES........................................................................................................... 35
Intoxication...............................................................................................................................................35
TOPIC - EVALUATION - SELF-DEFENCE................................................................................................... 37
TOPIC - EVALUATION - CONSENT............................................................................................................ 39
1
,TOPIC - RULES AND THEORY
Crime
- Crime is a forbidden behaviour
- Goes against rules put in place by the state which details acceptable and unacceptable conduct
- A punishment will be implemented equal to the crime committed
Sources of Criminal Law
- State sets out criminal behaviour in three ways:
1) Acts of Parliament / Statutes (examples - Theft Act 1968 + Offences against the Person Act 1861)
2) Creation of the law by judges (example - offence of conspiracy to corrupt public morals as seen in
the case Shaw v DPP (1963))
3) Judicial Precedent (interpretation of the law by judges) (examples - R v R (1991) a man can be
guilty of raping his wife + R v Barton and Booth (2020) the Theft Act 1968 was changed to test for
dishonesty)
The Elements of Criminal Liability
- Each crime has its own actus reus and mens rea
- Actus reus: physical action of committing the crime
- Mens rea: mental state (either intention or recklessness)
- Strict liability is when a crime only needs proof of actus reus to be a criminal offence
The Burden of Proof
- The prosecution must prove the defendant is guilty (prove actus reus and mens rea)
The Standard of Proof
- The extent the burden of proof must be proved
- The decision needs to be beyond all reasonable doubt (99%)
Reverse Onus
- Shifting the burden of proof to the defendant
- Defendant must prove that they are innocent (e.g cases involving insanity)
2
,TOPIC - GENERAL ELEMENTS OF CRIMINAL
LIABILITY
Actus Reus
Conduct Crimes
- There is no consequence required for a criminal offence to take place
- Example: drunk driving
Consequence Crimes
- A consequence must occur for an action to become criminal
- Example: assault causing actual bodily harm
Voluntary Acts
- The criminal action must’ve been voluntary
- If defendant had no control over the action , the actus reus has not been committed
R v Hill v Baxter - ignored a road sign and crashed his van, then claimed he remembered nothing before
the crash. Convicted as no real evidence.
State of Affairs
- Defendant may be convicted despite act being committed against their will
R v Larsonneur - French women ordered to leave UK, so went to Ireland, forced to go back to england
then was immediately arrested for illegal immigration
Omissions
- An omission is a failure to act
- There is no requirement in the UK to help another person in danger
- Situations where omissions can make rise to criminal liability:
- An Act of Parliament creates an offence involving an omission: regulatory and concern for matter,
such as public safety and prevention of pollution, tend to be strict liability (example: building
standards or failing a breath test)
- A contractual duty to act exists: a job involves a duty of safety of others (example: railway-crossing
keeper not shutting the gate so someone dies - R v Pittwood 1902)
R v Pittwood - railway crossing keeper failed to shut the gate, a person was then killed by being stuck.
Found guilty of manslaughter
- A relationship between victim and the accused: a duty arises due to a relationship initiating
responsibility (example: a father failing to feed his child who then dies of starvation - R v gibbins and
Proctor 1918)
R v Gibbins and Proctor - father and mistress failed to feed the child who died of starvation. Found guilty
of murder
- A duty taken on voluntarily by the accused to the victim: responsibility has been taken on voluntarily
by the accused (example: a women lived with Stone, she was ill and then died - R v Stone and
Dobinson 1977)
R v Stone and Dobinson - Stone’s sister moved in with him, became ill and died. Found guilty of
manslaughter as had a duty of care
- Official position holds a duty: an official position causes a responsibility and failure to act can
become the actus reus (example: a police officer didn't stop a violent attack - R v Dytham 1979)
R v Dytham- a police officer witnessed a violent attack but drove away. Found guilty if neglecting his duty
- Defendant has set in motion a chain of events: owing a duty because the accused are liable for the
consequence (example: a squatter fell asleep and accidentally started a fire, realised and left the
room not getting help - R v Miller 1983)
3
, R v Miller (1983) - a squatter fell asleep, his cigarette started a fire, he realised left and didn’t seek help.
Found guilty of arson
Causation
- The cause and effect of an event or action
Factual Cause
- Actual evidence of the case needs to prove guilt of harming another
- Seeks to answer ‘but for’ test
- Direct consequence
R v Pagett - used his pregnant girlfriend to shield him as he shot at police, she was shot and died. Pagett
was convicted of murder
R v White - he put cyanide in his mum's drink, she died of a heart attack before drinking it. Wasn't the
factual cause but was guilty of attempted murder
Legal Causation
Indirect consequence
- Thin skull rule: the defendant must take the victim as they find them, doesn’t matter about additional
victim characteristics defendant is still liable
R v Blaue - young woman was stabbed and needed a blood transfusion but refused due to religious
reasons. She died and he was guilty of murder
- The chain of causation: still needs legal causation, needs a link between act and consequence, can
be broken by: victims own act + a third party + a natural unpredictable event
Third parties R v Smith- 2 soldiers fought, one stabbed the other, he was carried by other soldiers but
dropped then CPR was given but made injury worse and he died. Found guilty of murder due to stabbing
Third parties - R v Cheshire - defendant shot a victim in thigh and stomach, was given a tracheotomy and
died due to complications from it. Defendant was held liable for the death
Third parties - R v Jordan- victim was stabbed in stomach, was healing and given antibiotics and had a
reaction. Stopped the medicine then it was started again, they died due to the reaction. Defendant wasn’t
found guilty
Victims own actions - R v Robberts - a girl jumped out of a car and was injured to avoid sexual
advances. Defendant was held liable for her injuries
Victims own actions - R v Williams - hitchhiker jumped from a car and suffered a head injury, allegedly
escaping having their wallet stolen. Defendant wasn’t guilty as the action wasn’t in proportion
Mens Rea
Fault
- Situations when no fault happens:
- Children under 10
- People who are insane
- Involuntary acts
- Lack of required mens rea
- Legally recognised defence
Intention
- The defendant's motive and reason is not relevant
- Defendant decided to bring about prohibited consequences for there to be a direct intention
R v Mohan - defendant sped towards a policeman after refusing to stop to scare or injury the officer
4
LIST OF CONTENTS...................................................................................................................................... 1
TOPIC - RULES AND THEORY......................................................................................................................2
TOPIC - GENERAL ELEMENTS OF CRIMINAL LIABILITY..........................................................................3
TOPIC - NON-FATAL OFFENCES AGAINST THE PERSON........................................................................ 7
Case: Assault.............................................................................................................................................7
Case: Battery............................................................................................................................................. 7
Case : Assault occasioning actual bodily harm (ABH) - section 47 Offences Against the Person Act
(OAPA) 1861..............................................................................................................................................8
Case: Malicious wounding or inflicting grievous bodily harm (GBH)- section 20 Offences Against the
Person Act (OAPA) 1861........................................................................................................................... 9
Case: Malicious wounding or inflicting grievous bodily harm with intent (GBH with intent)- section 20
Offences Against the Person Act (OAPA) 1861.......................................................................................10
TOPIC - EVALUATION-NON-FATAL OFFENCES....................................................................................... 11
TOPIC - FATAL OFFENCES AGAINST THE PERSON............................................................................... 13
Homicide.................................................................................................................................................. 13
Murder:.....................................................................................................................................................13
Voluntary Manslaughter........................................................................................................................... 13
Involuntary Manslaughter - Unlawful Act Manslaughter...........................................................................13
Involuntary Manslaughter - Gross Negligence Manslaughter.................................................................. 13
TOPIC - OFFENCES AGAINST PROPERTY.............................................................................................. 14
THEFT..................................................................................................................................................... 14
ROBBERY............................................................................................................................................... 18
TOPIC - PRELIMINARY OFFENCES - ATTEMPTS..................................................................................... 19
TOPIC - MENTAL CAPACITY DEFENCES.................................................................................................. 22
Insanity.....................................................................................................................................................22
Automatism.............................................................................................................................................. 23
Intoxication...............................................................................................................................................24
Criminal Justice and Immigration Act 2008..............................................................................................26
TOPIC - GENERAL DEFENCES...................................................................................................................28
1. Self - Defence...................................................................................................................................... 28
2. Duress by threats.................................................................................................................................30
3. Duress of Circumstances.....................................................................................................................32
4. Consent................................................................................................................................................33
TOPIC - EVALUATION - DEFENCES........................................................................................................... 35
Intoxication...............................................................................................................................................35
TOPIC - EVALUATION - SELF-DEFENCE................................................................................................... 37
TOPIC - EVALUATION - CONSENT............................................................................................................ 39
1
,TOPIC - RULES AND THEORY
Crime
- Crime is a forbidden behaviour
- Goes against rules put in place by the state which details acceptable and unacceptable conduct
- A punishment will be implemented equal to the crime committed
Sources of Criminal Law
- State sets out criminal behaviour in three ways:
1) Acts of Parliament / Statutes (examples - Theft Act 1968 + Offences against the Person Act 1861)
2) Creation of the law by judges (example - offence of conspiracy to corrupt public morals as seen in
the case Shaw v DPP (1963))
3) Judicial Precedent (interpretation of the law by judges) (examples - R v R (1991) a man can be
guilty of raping his wife + R v Barton and Booth (2020) the Theft Act 1968 was changed to test for
dishonesty)
The Elements of Criminal Liability
- Each crime has its own actus reus and mens rea
- Actus reus: physical action of committing the crime
- Mens rea: mental state (either intention or recklessness)
- Strict liability is when a crime only needs proof of actus reus to be a criminal offence
The Burden of Proof
- The prosecution must prove the defendant is guilty (prove actus reus and mens rea)
The Standard of Proof
- The extent the burden of proof must be proved
- The decision needs to be beyond all reasonable doubt (99%)
Reverse Onus
- Shifting the burden of proof to the defendant
- Defendant must prove that they are innocent (e.g cases involving insanity)
2
,TOPIC - GENERAL ELEMENTS OF CRIMINAL
LIABILITY
Actus Reus
Conduct Crimes
- There is no consequence required for a criminal offence to take place
- Example: drunk driving
Consequence Crimes
- A consequence must occur for an action to become criminal
- Example: assault causing actual bodily harm
Voluntary Acts
- The criminal action must’ve been voluntary
- If defendant had no control over the action , the actus reus has not been committed
R v Hill v Baxter - ignored a road sign and crashed his van, then claimed he remembered nothing before
the crash. Convicted as no real evidence.
State of Affairs
- Defendant may be convicted despite act being committed against their will
R v Larsonneur - French women ordered to leave UK, so went to Ireland, forced to go back to england
then was immediately arrested for illegal immigration
Omissions
- An omission is a failure to act
- There is no requirement in the UK to help another person in danger
- Situations where omissions can make rise to criminal liability:
- An Act of Parliament creates an offence involving an omission: regulatory and concern for matter,
such as public safety and prevention of pollution, tend to be strict liability (example: building
standards or failing a breath test)
- A contractual duty to act exists: a job involves a duty of safety of others (example: railway-crossing
keeper not shutting the gate so someone dies - R v Pittwood 1902)
R v Pittwood - railway crossing keeper failed to shut the gate, a person was then killed by being stuck.
Found guilty of manslaughter
- A relationship between victim and the accused: a duty arises due to a relationship initiating
responsibility (example: a father failing to feed his child who then dies of starvation - R v gibbins and
Proctor 1918)
R v Gibbins and Proctor - father and mistress failed to feed the child who died of starvation. Found guilty
of murder
- A duty taken on voluntarily by the accused to the victim: responsibility has been taken on voluntarily
by the accused (example: a women lived with Stone, she was ill and then died - R v Stone and
Dobinson 1977)
R v Stone and Dobinson - Stone’s sister moved in with him, became ill and died. Found guilty of
manslaughter as had a duty of care
- Official position holds a duty: an official position causes a responsibility and failure to act can
become the actus reus (example: a police officer didn't stop a violent attack - R v Dytham 1979)
R v Dytham- a police officer witnessed a violent attack but drove away. Found guilty if neglecting his duty
- Defendant has set in motion a chain of events: owing a duty because the accused are liable for the
consequence (example: a squatter fell asleep and accidentally started a fire, realised and left the
room not getting help - R v Miller 1983)
3
, R v Miller (1983) - a squatter fell asleep, his cigarette started a fire, he realised left and didn’t seek help.
Found guilty of arson
Causation
- The cause and effect of an event or action
Factual Cause
- Actual evidence of the case needs to prove guilt of harming another
- Seeks to answer ‘but for’ test
- Direct consequence
R v Pagett - used his pregnant girlfriend to shield him as he shot at police, she was shot and died. Pagett
was convicted of murder
R v White - he put cyanide in his mum's drink, she died of a heart attack before drinking it. Wasn't the
factual cause but was guilty of attempted murder
Legal Causation
Indirect consequence
- Thin skull rule: the defendant must take the victim as they find them, doesn’t matter about additional
victim characteristics defendant is still liable
R v Blaue - young woman was stabbed and needed a blood transfusion but refused due to religious
reasons. She died and he was guilty of murder
- The chain of causation: still needs legal causation, needs a link between act and consequence, can
be broken by: victims own act + a third party + a natural unpredictable event
Third parties R v Smith- 2 soldiers fought, one stabbed the other, he was carried by other soldiers but
dropped then CPR was given but made injury worse and he died. Found guilty of murder due to stabbing
Third parties - R v Cheshire - defendant shot a victim in thigh and stomach, was given a tracheotomy and
died due to complications from it. Defendant was held liable for the death
Third parties - R v Jordan- victim was stabbed in stomach, was healing and given antibiotics and had a
reaction. Stopped the medicine then it was started again, they died due to the reaction. Defendant wasn’t
found guilty
Victims own actions - R v Robberts - a girl jumped out of a car and was injured to avoid sexual
advances. Defendant was held liable for her injuries
Victims own actions - R v Williams - hitchhiker jumped from a car and suffered a head injury, allegedly
escaping having their wallet stolen. Defendant wasn’t guilty as the action wasn’t in proportion
Mens Rea
Fault
- Situations when no fault happens:
- Children under 10
- People who are insane
- Involuntary acts
- Lack of required mens rea
- Legally recognised defence
Intention
- The defendant's motive and reason is not relevant
- Defendant decided to bring about prohibited consequences for there to be a direct intention
R v Mohan - defendant sped towards a policeman after refusing to stop to scare or injury the officer
4
