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GCSE Crime

Criminal law

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
Making off without payment 'Doing a runner'
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.
Created by: Mr Lovell