A level Law Paper 1

• The defendant must be given the opportunity to give evidence
• Unlawful killing of a human being under the king's peace with malice aforethought expressed or implied causation
• Actus reus: the physical act of the crime
• Men's rea: the mental state of the defendant
• Homicide: the killing of a human being
• Murder: unlawful killing with intent to kill or cause grievous bodily harm (GBH)
• Manslaughter: unlawful killing without intent to kill or cause GBH
• Voluntary manslaughter: defendant unlawfully kills with intent but can prove a special defence
• Loss of control: defense for when the defendant has lost self-control
• Diminished responsibility: defense for when the defendant suffers from an abnormality of mental function
• Involuntary manslaughter: defendant unlawfully kills without intent to kill or cause GBH
• Unlawful act Manslaughter: defendant unlawfully kills when committing a crime
• Gross negligence manslaughter: defendant unlawfully kills by a grossly negligent act or omission
• Transferred malice: unintended harm towards a different victim
• Diminished responsibility and loss of control are defenses, not offenses, reducing murder to manslaughter
• Juries are often given the choice to convict of murder or manslaughter
• Diminished responsibility defense requires:

  • Abnormality of mental function caused by a recognized medical condition
  • Impaired ability to understand conduct, form rational judgment, or exercise self-control
• Abnormality of mental functioning is assessed by what a reasonable person would regard as abnormal
• Unlawful Act Involuntary Manslaughter:

  • Actus reus and mens rea required
  • Death caused by defendant's unlawful and dangerous act
  • Defendant need not foresee death or realize the act is dangerous
• Examples of cases:

  • R v Lamb: accidental killing without mens rea is not manslaughter
  • DPP v Newbury and Jones: property crimes can lead to unlawful act manslaughter
  • R v Lowe: omission does not constitute unlawful act manslaughter
• Dangerous act criteria:

  • Must be recognized as risky by a sober and reasonable person
  • Causation: but for the defendant's act, the victim would not have died
• Gross Negligence Manslaughter:

  • Death caused by defendant's gross negligence
  • Duty of care, breach of duty, serious and obvious risk of death, causation, gross negligence are elements
• Examples of cases:

  • R v Broughton: overturned conviction due to lack of evidence on victim's survival chances
  • R v Adomako: test for duty of care applies
  • R v Broughton: breach must be exceptionally bad to justify gross negligence
• Theft:

  • Dishonestly appropriating property with the intention of permanently depriving the owner
  • Appropriation can occur even with owner's consent
• Property includes money and all other property, real or personal, including things in action and other intangible property
• Money refers to notes and coins
• Personal property refers to property other than land
• Things in action refer to personal property rights that can be legally enforced
• Intangible property is property that has no physical existence
• Picking wild mushrooms, flowers, or foliage growing wild on any land is not theft unless it is for sale or reward
• Taking money from a company's safe with the intention to return it after the weekend constitutes theft if not intending to pay back the exact notes and coins
• Taking an exam paper with the intention of returning it after using the information to cheat in an exam is theft
• Making sculptures from body parts entertained by someone through their job constitutes theft
• The owner of property may transfer possession or control to another party in certain situations
• Taking a car without paying for repairs when the car is under the possession and control of a service station is theft
• Receiving cheques with a clear obligation to pay for a specific purpose and using the money for something else is theft
• Taking money mistakenly credited into an account by a bank is theft
• Keeping extra money received in a pay packet without opening it is not theft if not dishonest at the time of receiving it
• Taking donated items left outside a charity shop intended for sale without permission is theft
• Dishonesty in theft can be based on an honest belief of having a legal right to deprive the owner of the property, an honest belief that the owner would give consent, or an honest belief that the owner cannot be found after reasonable steps