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GCSE Crime
Criminal law
Term | Definition |
---|---|
Strict Liability | A crime that requires no mens rea |
Intent | Desiring an outcome or knowing that it is virtually certain |
Recklessness | Being aware that an outcome might happen |
Actus reus | The physical element of a crime |
AR of murder | Unlawful killing of a human being |
MR of murder | Intent to kill or cause really serious harm |
Omission | Failing to do something |
Pittwood | Crossing guard failed to act |
Miller | Man who caused fire failed to act |
Stone & Dobinson | Couple failed to look after sister |
White | D didn't cause the death of his mother - 'but for' test |
Pagett | D caused his girlfriend's death by using her as a human shield |
Jordan | Poor medical treatment broke the chain of causation |
Smith | Being dropped from stretcher didn't break the chain of causation |
Blaue | A 'thin skull' won't break the chain of causation |
Diminished Responsibility | Partial defence to murder that depends on an abnormality of mental functioning |
Loss of Control | Partial defence to murder that requires a 'trigger' of fear or anger |
Gross Negligence Manslaughter | D owes a duty of care to V and breaches it to a criminal degree |
Constructive Manslaughter | D commits an unlawful and dangerous act on V which causes death |
Sentence for murder | Mandatory life sentence |
Sentence for manslaughter | Discretionary (maximum) life sentence |
Assault | Intentionally or recklessly causing fear of attack |
Battery | Intentionally or recklessly applying unlawful force |
ABH (S47) | An assault or battery that causes actual (more than minimal) harm. |
Savage | For ABH D does not need to foresee harm, just to intend or be reckless about assault or battery |
GBH (S20) | Causing serious harm or a wound with intent or recklessness as to causing some harm |
GBH (S18) | Causing serious harm or a wound with intent |
Theft | Dishonestly appropriating property belonging to another |
Burglary | Trespassing with intent to cause GBH or steal, or trespassing and causing GBH or stealing |
Aggravated burglary | Burglary with a weapon |
Robbery | Theft with threat/use of force |
Making off without payment | 'Doing a runner' |
Eisenhower | Case that explains what a wound is |
Savage | ABH case - she threw the drink AND the glass! |
DPP v K | Indirect battery - acid in face |
Ireland | Assault - silent phone calls |
Theft | Dishonestly appropriating property belonging to another with the intent to permanently deprive |
Burglary | Trespassing whilst intending to steal/commit GBH/commit criminal damage OR attempting to steal/commit GBH OR stealing/committing GBH |
Robbery | Theft plus use or threat of force |
Automatism | An external thing affects D, meaning that he can form no mens rea |
Insanity | Defect of reason, caused by a disease of the mind |
Consent | Where somebody agrees to something - may provide a general defence |
Duress | Where a threat is made to force somebody to commit a crime - can't be used as a defence to murder |
Intoxication | Where D cannot form mens rea because of drink or drugs. May provide a defence to Murder, GBH S18 and Theft. |
Self-defence | Where reasonable force is used to protect yourself, others or property. |