Summary: Criminal Law
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Read the summary and the most important questions on criminal law
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1 criminal law
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A conviction can't be made unless...
Both actus reus and mens rea are established and proved -
3 main forms of mens rea ?
1. intention2. recklessness
3. negligence -
Transferred malice does not operate when?
The crime which occurred was different from that intended -
R v Latimer (1886) - transferred malice
Defendant got into a fight in a pub with a man. He took off his belt & hit the man with the belt. The belt ricocheted off and hit a woman in the face. Held: liable for the injuries inflicted on the woman despite no intention -
What type of offence is murder?
Common offence -
Mens rea of murder
- intention to cause death or GBH -
R v Adomako [1994] - gross negligence
Appellant was an anaesthetist in charge of a patient during an eye operation, during the operation an oxygen pipe became disconnected, patient died. The appellant failed to notice or respond to obvious signs of disconnection. The jury convicted him of gross negligence manslaughter -
Loss of self control - S.54 of the Coroners and Justice Act 2009
Partial defence that may reduce liability for murder to manslaughter, only for the offence of murder -
S.54 Coroners and Justice Act 2009
A person who kills or was party to a killing may be convicted of manslaughter rather than murder where there exist
(a) a loss of self-control,
(b) the loss of self-control had a qualifying trigger, and
(c) a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D. -
Limitations on qualify triggers
S.55(6)(a) The fact that a thing done or said constituted sexual infidelity is to be disregarded.
- S.55(6)(b) A person may not raise a qualifying trigger if they incited the thing done or said or the violence
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