Answer
Flashcards · 9084 · AS Topic 2
Criminal law (AS Level) flashcards
24 cards on AS Topic 2, subtopics 2.1 to 2.3. Pick a subtopic or study them all.
Study mode needs JavaScript. Every card is listed below, so you can still cover the answers and test yourself.
Choose your cards
Session complete
Worth another look:
All 24 cards
For a quick read-through or printing. Cover the right-hand side to test yourself.
2.1 Elements of a crime
- What are actus reus and mens rea?
- Actus reus: the guilty act, the conduct element (an act, an omission or a state of affairs, with its consequence). Mens rea: the guilty mind, the mental element (intention or recklessness).
- When is a person liable for an omission (failing to act)?
- Only where they are under a duty to act, e.g. by contract (R v Pittwood, 1902), a special relationship (R v Gibbins and Proctor, 1918), voluntarily taking on care (R v Stone and Dobinson, 1977), or creating a dangerous situation (R v Miller, 1983).
- What is factual causation?
- The “but for” test: but for the defendant’s conduct, would the result have happened? If it would have happened anyway, there is no factual causation (R v White, 1910).
- What is legal causation?
- The defendant’s act must be an operating and substantial (more than minimal) cause of the result, and the chain of causation must not be broken by an intervening act (R v Smith, 1959; R v Cheshire, 1991).
- What is the thin skull rule?
- The defendant must take the victim as they find them, so a victim’s unusual physical condition or beliefs do not break the chain of causation (R v Blaue, 1975).
- What is the difference between direct and oblique (indirect) intention?
- Direct: the result was the defendant’s aim or purpose (R v Mohan, 1976). Oblique: the result was a virtually certain consequence of the act and the defendant appreciated that (R v Woollin, 1998).
- What is recklessness in criminal law?
- The defendant was aware of a risk and went on to take it when it was unreasonable to do so. The test is subjective (R v Cunningham, 1957; R v G, 2003).
2.2 Offences against property
- What is the definition of theft?
- Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it: s1 Theft Act 1968. Elements are defined in s2 (dishonesty) to s6 (intention to permanently deprive).
- What is the test for dishonesty in theft?
- First the defendant’s actual state of knowledge or belief as to the facts; then whether the conduct was dishonest by the standards of ordinary decent people (Ivey v Genting Casinos, 2017, applied in R v Barton and Booth, 2020). s2(1) lists situations that are not dishonest.
- What is appropriation, and does consent prevent it?
- Any assumption of the rights of an owner (s3 Theft Act 1968). Appropriation can occur even with the owner’s consent (R v Gomez, 1993).
- What is robbery?
- Stealing, and immediately before or at the time of doing so, and in order to do so, using force on any person or putting or seeking to put any person in fear of force: s8 Theft Act 1968.
- What is the difference between s9(1)(a) and s9(1)(b) burglary?
- s9(1)(a): entering a building or part of a building as a trespasser with intent to commit theft, GBH or criminal damage. s9(1)(b): having entered as a trespasser, stealing or attempting to steal, or inflicting or attempting to inflict GBH.
- What is aggravated burglary?
- Burglary while having with you any firearm or imitation firearm, weapon of offence or explosive: s10 Theft Act 1968.
- What is blackmail?
- Making an unwarranted demand with menaces, with a view to gain for yourself or another or with intent to cause loss to another: s21 Theft Act 1968.
- What is making off without payment?
- Knowing that payment on the spot is required or expected, dishonestly making off without paying, with intent to avoid payment: s3 Theft Act 1978. The intent must be to avoid payment permanently (R v Allen, 1985).
- What is basic criminal damage?
- Without lawful excuse, destroying or damaging property belonging to another, intending to do so or being reckless as to whether it is destroyed or damaged: s1(1) Criminal Damage Act 1971.
- What are the three ways of committing fraud under the Fraud Act 2006?
- False representation (s2), failing to disclose information when under a legal duty to do so (s3), and abuse of position (s4). Each needs dishonesty and an intention to make a gain or cause a loss.
- What is handling stolen goods?
- Otherwise than in the course of the stealing, knowing or believing goods to be stolen, dishonestly receiving them, or helping in or arranging their retention, removal, disposal or realisation: s22 Theft Act 1968.
2.3 Sentencing in England and Wales
- What are the purposes of sentencing adult offenders?
- Under s57 Sentencing Act 2020: punishment, reduction of crime (including by deterrence), reform and rehabilitation, protection of the public, and reparation by offenders to those affected.
- What types of sentence can an adult receive?
- Custodial sentences (immediate or suspended), community orders with requirements such as unpaid work or a curfew, fines, and discharges (absolute or conditional).
- What factors does a court consider when sentencing?
- The seriousness of the offence (culpability and harm), aggravating factors (e.g. previous convictions), mitigating factors (e.g. remorse, good character), any guilty plea, and the Sentencing Council guidelines.
- What reduction is given for a guilty plea?
- Up to one third of the sentence for a plea at the first opportunity, reducing on a sliding scale for later pleas.
- What is the principal aim of the youth justice system?
- To prevent offending by children and young persons (s37 Crime and Disorder Act 1998). The court must also have regard to the welfare of the child.
- What sentences are available for young offenders?
- Referral orders, youth rehabilitation orders, detention and training orders (custody), fines and discharges. Parents may be ordered to pay fines or be given a parenting order.