15. Defences II

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the defences of consent; self-defence (which includes using reasonable force in the defence of oneself, defence of others, of property, and the prevention of crime); and duress (which consists of being compelled to commit a crime to avoid death or serious harm in a situation of immediacy where there is no route of escape). Duress is an excusatory defence; consent and self-defence are justificatory defences. If the defence of necessity does exist separately to the defence of duress, it is a justificatory defence.

11. Theft

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the crime of theft. There are five elements in theft: appropriation; property; belonging to another; dishonesty; and intention permanently to deprive. The first three listed are the actus reus elements and the last two are the mens rea. The offence is under s 1 Theft Act 1968, but ss 2–6 give (some) guidance on each of the elements.

7. Homicide I

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses murder, arguably the most serious crime in English law. Murder is where D kills V, and D intends to kill or intends to cause grievous bodily harm (GBH). The most common criticism of the offence of murder is that the sentence is mandatory irrespective of whether the mens rea is the more serious form (intent to kill) or the less serious form (intent to cause GBH). There were three partial defences to murder under the Homicide Act 1957 (diminished responsibility, provocation, and suicide pact). There are three partial defences to murder under the Homicide Act 1957 as amended and the Coroners and Justice Act 2009; diminished responsibility, loss of self-control, and suicide pact. The chapter considers the first two in detail. These are partial defences because they result in a conviction for manslaughter rather than a full acquittal.

4. Strict liability

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the crime of strict liability. A strict liability offence is one which does not require mens rea in respect of at least one element of the actus reus. Strict liability is often referred to as no-fault liability. Strict liability is very rare at common law. Where a statute is silent as to mens rea, the judge must interpret the provision to decide if the offence has mens rea (the starting point) or is one of strict liability. There is a debate about whether the imposition of criminal liability in the absence of proof of fault can be justified.

9. Inchoate offences

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses inchoate offences. Inchoate offences are where the full offence is not completed. The reason that the law fixes liability on defendants who have not fulfilled the full offence is to punish those who are willing to be involved in criminality even where the full offence is not, for one reason or another, completed. The law governing all inchoate offences is in a state of flux; the common law offence of incitement was replaced with new offences under the Serious Crime Act 2007. The law governing conspiracy and attempts was the subject of a Law Commission Report in December 2009.

8. Homicide II

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. An unlawful homicide committed without the mens rea for murder is involuntary manslaughter. This chapter discusses the three classes of involuntary manslaughter: reckless manslaughter, unlawful act manslaughter, and gross negligence manslaughter. Both unlawful act manslaughter and gross negligence are notable for the low level of mens rea required. Indeed, with gross negligence manslaughter the defendant may not even have foreseen the risk of death and yet still be convicted of manslaughter.

5. Non-fatal offences against the person

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the five principal non-fatal offences against the person: assault and battery (the common assaults) and the offences under ss 47, 20, and 18 Offences Against the Person Act 1861 (OAPA). The victim’s consent may negate the offence, but whether or not it does depends to a great extent on the type of crime, what the victim knows, the extent of the harm which is caused, and matters of public policy. Stalking and harassment may amount to a crime in certain circumstances. Four of the principal assaults are aggravated if the crime committed is motivated by religious or racial hatred.

2. Actus reus

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the actus reus elements of criminal offence. The actus reus consists of prohibited conduct (acts or omissions), prohibited circumstances, and/or prohibited consequences (results). A person can be criminally liable for omissions at common law, but imposing this liability can be controversial. Causation is a key part of consequence/result crimes. The prosecution must prove that the result was caused by the defendant. In order to do this, the chain of causation must first be established, and then consideration must be given to any intervention which might break the chain.

12. Fraud

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the crime of fraud. The offence of fraud is governed by the Fraud Act 2006. There is only one offence of fraud (s 1 Fraud Act 2006) with three ways of committing it, under ss 2–4. These are: by false representation, by failing to disclose information, and by abuse of position.

14. Defences I

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the defences of age, insanity, automatism, intoxication, and mistake. If D is under the age of ten, he is deemed incapable of criminal liability. Insanity is where D proves he had a disease of mind which caused a defect of reason so that D did not know the nature and quality of his act or that it was wrong. Non-insane automatism is an assertion by D that the prosecution cannot prove the actus reus of the offence because D was not in control of his muscular movements. Intoxication rarely succeeds as a defence. Involuntary intoxication is a defence if D does not form mens rea. Voluntary intoxication is a defence only if D is charged with a specific intent crime and D did not form mens rea. Mistake is a defence provided the mistake prevents D forming mens rea.