Criminal Law - Samenvattingen en Aantekeningen

Op zoek naar een samenvatting over Criminal Law? Op deze pagina vind je 196 samenvattingen over Criminal Law.

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Damages
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2

april 2026

2024/2025
In Tort Law, Damages are the primary remedy aimed at restitution—putting the claimant back in the position they would have been in had the tort not occurred (Livingstone v Rawyards Coal Co). Unlike criminal fines, damages are compensatory, not punitive. The court divides damages into two main categories: Special Damages (calculable losses up to the date of trial) and General Damages (speculative losses looking into the future).
alishasaunders
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Samenvatting

Contract Law
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6

april 2026

2024/2025
In A-Level Law, Contract Law moves away from the "guilty mind" of criminal law and focuses on the enforceability of agreements. For a contract to be legally binding—rather than just a social promise—it must satisfy three core pillars: Offer and Acceptance (the agreement), Consideration (the "price" paid), and Intention to Create Legal Relations. If any of these are missing, the "contract" is void, and the courts will not intervene if one party fails to deliver.
alishasaunders
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Samenvatting

Loss of Control
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5

april 2026

2024/2025
Loss of Control is the second statutory partial defence to murder, introduced by Sections 54 and 55 of the Coroners and Justice Act 2009. It replaced the old common law defence of "provocation." Like Diminished Responsibility, if successful, it reduces a murder charge to voluntary manslaughter, allowing for sentencing flexibility.
alishasaunders
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Samenvatting

Diminished Responsibility
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4

april 2026

2024/2025
Diminished Responsibility is a statutory partial defence to murder, governed by Section 2 of the Homicide Act 1957 (as amended by the Coroners and Justice Act 2009). If successfully pleaded, it reduces a conviction from murder to voluntary manslaughter. This gives the judge sentencing discretion, allowing them to avoid the mandatory life sentence and instead impose a punishment that reflects the defendant's mental state, such as a hospital order.
alishasaunders
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Samenvatting

Unlawful Act Manslaughter
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3

april 2026

2024/2025
Unlawful Act Manslaughter (also known as "Constructive Manslaughter") is a form of involuntary manslaughter where a defendant causes death while committing a lesser criminal act. Because the liability for the death is "constructed" from a minor crime, the prosecution does not need to prove that the defendant intended to kill or even foresaw a risk of death. According to the criteria established in R v Church, the prosecution must prove four elements: the defendant committed an unlawf...
alishasaunders
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Samenvatting

Transferred Malice
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1

april 2026

2024/2025
Transferred Malice is a legal principle where a defendant’s criminal intent (mens rea) is shifted from their intended target to the actual victim. This doctrine ensures that a defendant cannot escape liability simply because their aim was poor or they hit the "wrong" person. As established in R v Latimer (1886), if a defendant attempts to strike one person but accidentally hits a bystander, the intent to harm the first person "transfers" to the second, satisfying the requirements f...
alishasaunders
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Theories of Criminal Law
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3

april 2026

2024/2025
Theories of Criminal Law (or Theories of Punishment) provide the philosophical justification for why the state has the right to punish an individual and what that punishment should achieve. These theories are generally divided into two main camps: utilitarian (forward-looking) and retributive (backward-looking). Retribution is based on the "just deserts" principle, arguing that punishment is a moral necessity regardless of its social benefits; the punishment must be proportionate to the cr...
alishasaunders
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S.47 OAPA
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1

april 2026

2024/2025
Section 47 of the Offences Against the Person Act 1861, commonly known as Actual Bodily Harm (ABH), is the most frequently prosecuted non-fatal offence. The actus reus requires a base offence of either an assault or a battery that results in "actual bodily harm." In the case of R v Miller, ABH was defined as any hurt or injury calculated to interfere with the health or comfort of the victim, provided it is "more than merely transient or trifling." This includes injuries such as exten...
alishasaunders
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Samenvatting

S.20 OAPA
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2

april 2026

2024/2025
Section 20 of the Offences Against the Person Act 1861, known as Malicious Wounding or Inflicting Grievous Bodily Harm (GBH), is a mid-range non-fatal offence. The actus reus requires the defendant to either "wound" the victim (breaking both layers of the skin, often resulting in blood loss) or "inflict" GBH (defined in DPP v Smith as "really serious harm"). Examples include broken bones, permanent disfigurement, or serious psychiatric injury.
alishasaunders
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Samenvatting

S.18 OAPA
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1

april 2026

2024/2025
Section 18 of the Offences Against the Person Act 1861, often referred to as Wounding or GBH with Intent, is the most serious non-fatal offence in English law. The actus reus is identical to Section 20, requiring either a wound (a break in both layers of the skin, as in Moriarty v Brooks) or Grievous Bodily Harm (defined as "really serious harm" in DPP v Smith). What sets Section 18 apart is its significantly higher mens rea requirement: the prosecution must prove that the defendant had th...
alishasaunders
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