Criminal Law Summary

CRIMINAL LAW

SUMMARY

PX SOLUTIONS

Sources used

INTRODUCTION TO CRIMINAL LAW

Elements of an offence

Actus reus: physical element

Concurrence

Continuing act approach

Voluntariness

Causation

Subjective or Objective?

MENS REA: THE MENTAL ELEMENT

General principles

The subjective mental states

Basic intent crimes

Mistake

Mens Rea

Strict liability and Criminal Negligence

The 4th possible fault element: Criminal Negligence

Standard

Strict and Absolute Liability

HOMICIDE

Actus reus

Is the victim a ‘human’?

Commencement of existence

Murder

Mens rea

Doctrine of transferred malice

Manner of death

Felony/Constructive Murder

Manslaughter

Mens rea

1. Unlawful and dangerous act

2. Manslaughter by criminal negligence

ASSAULT

Actus reus

Conditional Threats

Reasonable Apprehension

Victim’s State of Mind

Mens rea

Hostility

Negligent Assault

Aggravated Assault & relevant Mens Rea

Spreading Disease as an Assault

Other Non Fatal Offences: wounding or inflicting grievous bodily harm

Consent

SEXUAL OFFENCES

Actus Reus For Rape

Absence of consent

Meaning of consent

Vitiation of consent: fraud and mistake

Medical fraud and consent

Consent in fear and terror

Immunities

The ACT provisions on consent

Mens Rea For Rape

The meanings of recklessness: culpable advertence and inadvertence

Reform in Victoria

Indecency Offences

Actus Reus For Indecency Offences

What constitutes an act of indecency?

Mens Rea For Indecency Offences

Child sexual assault

INTOXICATION

Intoxication in relation to murder and manslaughter

Intoxication in relation to the reasonable person test

Intoxication and the actus reus of an offence

DEFENCES

Distinction:

Provocation

Generally

Burden

First Test: D must be provoked to kill by an act that constitutes provocation

Second Test: Subjective loss of self control

Third Test

Battered Wife Syndrome

SELF DEFENCE

Burden

Recklessness

Reasonableness

Lawfulness of victim’s actions

Proportionality

No requirement of retreat.

No requirement of imminence

Battered women

MISTAKE, MENS REA AND STRICT LIABILITY

STATUTORY INTERPRETATION

Relevance of Intoxication

WHICH ONE?

Presumption of mens rea

Has the presumption been displaced?

PROPERTY OFFENCES (in the ACT)

Dishonestly

Appropriating

Property

Belonging to another

Theft through obtaining property by deception in the ACT

DECEPTION

What is deception?

What constitutes deception?

Fact or law?

What constitutes false pretences?

Operative Deception

Miscellaneous

Stolen vehicles - joyrides

Temporary removal of articles on public display

Obtaining financial advantage by deception in the ACT

Obtaining Service By Deception In The A.C.T.

Making Off Without Payment In The A.C.T.

ATTEMPTS

Policy of attempt

Mens Rea Of Attempts

Intent

Actus Reus Of Attempts

Defence Of Withdrawal/Abandonment

Impossible Attempts

PARTIES TO A CRIME

Liability of individuals who assist or encourage others to commit an offence

3 types

COMPLICITY – A Derivative Form Of Liability

Consequences of this derivative nature

Actus reus

Defence of Withdrawal/Abandonment

Mens Rea For Complicity

Knowledge

Acting In Concert

COMMON PURPOSE (Distinction Between Acting In Concert)

Mens Rea

Defence Of Withdrawal/Abandonment

HOMICIDE

Homicide = offences which cause fatal harm.

- Murder

- Manslaughter

(actus reus is the same for these two offences ; mens rea is different)

Homicide may be lawful where the killing was done in self-defence.

Actus reus

Actus reus of murder and manslaughter = causing the death of another person.

Is the victim a ‘human’?

Commencement of existence

Determining whether a child has achieved separate existence from the body of its mother is a matter for the jury [see s.20 Crimes Act 1900 (NSW)] ; s.10, Crimes Act 1900 (ACT)]

If a child is injured in the womb, and is born alive, but dies shortly after, a charge of murder or manslaughter may be laid against the person who causes the injury [West].

NSW, infanticide is a special category of manslaughter: see s 22A, Crimes Act 1900.

Cessation of existence

In NSW, the Act deems a person to be dead if there is an (a) irreversible cessation of

all function of the brain or (b) irreversible cessation of blood circulation. (s. 33 Human Tissue Act 1983 (NSW)).

Murder

The offence of Murder requires

- an intention to kill; or

- an intention to inflict grievous bodily harm; or

- recklessness.

s. 18, Crimes Act 1900 (NSW).

18. (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him omitted to be done, causing the death charged was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him, of a crime punishable by penal servitude for life or for 25 years.

(b) Every other punishable homicide shall be taken to be manslaughter.

(2)(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.

(b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only, or in his own defence.

Punishment for murder in the NSW is contained in ss.19A.

Mens rea

Mens rea is defined by s. 18, Crimes Act NSW.

****

If you like what you see, maybe you would like to purchase this summary.