Crime test 8th Jan

• What is Actus Reus?

  The guilty act
• What is an omission?

  Failure to act
• What is causation?

  A series of events, which resulted in the crime
• What is mens rea?

  Guilty Mind
• What is direct intent?

  The result was D's aim or purpose
• What is indirect intent?

  D appreciated the result as virtually certain to occur but deliberately went ahead
• What is recklessness?

  D was aware of the risk but went ahead anyways
• What is transferred malice?

  D can be guilty of a crime against person A when they commit the same crime to person B
• What is the definition of murder?

  The unlawful killing of a human being under the king's peace within any country of the realm
• What is voluntary manslaughter?

  An unlawful killing with the intention to kill or cause GBH
• Define the defence of loss of control

  A loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning.
• Define the defence of diminished responsibility

  D suffers from an abnormality of mental functioning
• What is involuntary manslaughter?

  An unlawful killing without the intention to kill or cause GBH
• Define Gross Negligence Manslaughter

  Where D causes V's death by breaching a duty of care towards V in a grossly negligent way.
• What is assault?

  Actions or words which cause V to apprehend immediate unlawful force
• What is battery?

  applying unlawful force to another person
• Give the Actus reus of S.47 of the Offences Against the Person Act 1861

  Assault or battery which causes Actual Bodily Harm.
• Give the mens rea of s.47 of the Offences Against the Person Act 1861

  Intentionally or recklessly applying or causing v to apprehend immediate unlawful force.
• Give the actus reus of s.20 of the Offences Against the Person Act 1861

  Wounding or inflicting grievous bodily harm
• Give the mens rea of s.20 of the Offences Against the Person Act 1861

  Intentionally or recklessly causing harm
• Give the actus reus of s.18 of the Offences Against the Person Act 1861


  Wounding or causing grievous bodily harm
• Give the mens rea of s.18 of the Offences Against the Person Act 1861


  Intention to cause GBH or intention to resist arrest
• Define theft

  Dishonestly appropriating property belonging to another with the intention to permanently deprive
• Define robbery

  D steals and immediately before or at the time of doing so, uses force on any person or seeks to put any person in fear of being subjected to force
• Define burglary s.9(1)(a)

  D enters a building or part of a building as a trespasser with intention to steal, inflict GBH, or do unlawful damage to the building or part of the building
• Define burglary s.9(1)(b)

  D, having entered a building or part of a building as a trespasser steals or attempts to steal, or inflicts or attempts to inflict GBH on any person in the building.
• Define attempts

  An act which is more than merely preparatory to the commission of the offence with intent to commit that offence
• Define duress

  The use of threats to force someone to do something
• State the general rule on consent

  Consent is only available for assault and battery. To use consent for s.47 or assault and battery, the act which caused the injury must be in the public interest.
• Define self-defence

  A person may use such force as is reasonable in the circumstances
• Define insanity


  a defect of reason, resulting from a disease of the mind, causing D not to know either the nature and quality of their act or what they did was wrong
• Define automatism

  An involuntary act done by muscles, spasms or a person who is not conscious of what he is doing. The cause of the automatism must be external
• What is the rule on voluntary intoxication?

  Can be used for specific intent offences but not basic intent offences.
• What is the rule on involuntary intoxication?

  Can be used for both specific and basic intent offences