Murder
What is the common law definition of murder taken from Lord Coke's ruling?
The unlawful killing of a reasonable creature in being under the King or Queen's Peace with malice aforethought express or implied.
The two partial defences that reduce a murder charge to that of voluntary manslaughter.
What are diminished responsibility and loss of control.
What does s1 of the Theft Act define theft as?
The dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it.
Where is the criminal offence of Robbery defined in statutory authority.
s8 of the Theft Act 1968
Which Act must always be mentioned in the police powers section?
The Police and Criminal Evidence Act 1984.
What are the three elements that you must prove in order for a defendant to be charged with murder?
They fulfilled the Actus Reus element, they fulfilled they fulfilled the mens rea elements and they were the factual and legal cause of the death.
Where is the defence of Diminished Responsibility set out?
s2(1) Homicide Act 1957 and amended by s52 of the Coroners and Justice Act.
What are the three actus reus elements of theft?
Appropriation, property, belonging to another.
When is a person guilty of robbery?
When they steal and immediately before or at the time of doing so and in order to do so, he uses force or the threat of force on any person or puts any person in fear of being then and there subjected to force.
What do student frequently forget to mention even if they remember to mention PACE?
The relevant CODE of PACE i.e. CODE A, C, G
What are the three things that can be considered as a novus actus interveniens.
The victims own act (Roberts), the medical treatment or third party intervention (Jordan, Cheshire) or an unusual but natural event.
What three elements must be proven to allow the partial defence of diminished responsibility to be used?
The D had an abnormality of mental functioning Bryne. The defendant had a recognised medical condition. Seers - Gittins The defendant's ability to understand the nature of their act, form a rational judgement or exercise self control was substantially impaired.
What are the two mens rea elements and where does the test for dishonesty come from?
Dishonesty and intention to deprive. Ivey v Genting Casinos (confirmed in Barton and Booth v R)
Which two cases help define the timing of the use of force?
Hale and Lockley
What conclusion must always come at the end of police powers section of the answer.
Therefore the police have not used the powers under CODE (x) and therefore the actions are not lawful and should be reported to the Police Complaints Authority.
Which three cases prove intention for implied malice, direct intent and oblique/indirect intent?
Vickers, Mohan and Woollin
Which cases should be in the notes for diminished responsibility?
Byrne, Seers, Gittens, Lloyd and Moyle v R
In what 3 circumstances are the actions of a D not dishonest if they appropriate property.
s2(1)(a) They believe a right in law. s(2)(b) Believe have owners permission. 2(1)(c) Taken reasonable steps to find owner.
Which cases should be included in your notes for robbery?
Dawson and James, Bentham, B and R v DPP, DPP v P, Hale and Lockley
What are the main police powers that can be asked about in Activity 1?
Stop and Search, Arrest, Detention, Interviewing or Taking of Samples
What are the cases that you MUST have in your notes for murder?
AG Ref, Malcherek, R v Blackman, White, Pagett, Kimsey, Smith, Jordan, Cheshire, Roberts, Williams, Dear, Blaue, Mohan, Woollin, Latimer
What is the causal link between diminished responsibility and murder.
The medical condition etc provides an explanation for D.
What are the cases that you should include in notes for theft?
Morris, Oxford v Moss, Lavender, AG Ref No 1 1983, Holden, Turner, Small, Ivey v Genting Casinos, R v Barton and Booth.
What two aspects make the charge of robbery easier to prove?
That the theft does not have to be successful and there does not have to be actual application of force.
How many marks is the police powers worth and how much time should you spend on the activity at the most.
8 marks. 16 minutes maximum.