Study sets matching "criminal law offences"

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Study sets matching "criminal law offences"

Criminal Law and Criminal Offences
Abet
Absolute liability
Accessory after the fact
Actus reus
to encourage, incite, or set another on to commit a crime
a criminal offence in which intent is assumed to be present a…
a person who receives, comforts, or assists another person fo…
Latin phrase meaning "a wrongful action"
Abet
to encourage, incite, or set another on to commit a crime
Absolute liability
a criminal offence in which intent is assumed to be present a…
27 terms
Criminal law and Criminal offences
Abet
Absolute Liability
Actus Reus
Aid
To encourage, incite, or set another to commit a crime
A criminal offence in which intent is assumed to be present
Latin phrase meaning "a wrongful action"
To help, to assist, or facilitate the commission of crime
Abet
To encourage, incite, or set another to commit a crime
Absolute Liability
A criminal offence in which intent is assumed to be present
18 terms
Criminal law and Criminal Offences
Criminal Law
Precedent
Summary Conviction Offences
Indictable offences
The body of law that declares acts to be crimes and states th…
a legal decision that serve as an authoritative rule or a gui…
Minor criminal offences which are tried immediately without a…
Serious criminal offences which have severe penalties and whi…
Criminal Law
The body of law that declares acts to be crimes and states th…
Precedent
a legal decision that serve as an authoritative rule or a gui…
28 terms
Criminal law and criminal offences
Abet
Absolute liability
Accessory after the fact
Actus reus
To encourage incite or set another on to commit a crime
A criminal offence in which intent is assumed to be present a…
A person who receives comforts or assists another person for…
Latin phrase meaning a wrongful action
Abet
To encourage incite or set another on to commit a crime
Absolute liability
A criminal offence in which intent is assumed to be present a…
Criminal Law - Elements of offences
Actus Rea
R v Miller
Nicholson v Department of social welfare
Statuses and states of affiars
Acts, omissions and contemporaneity... - Fagan... - Miller... - Nic…
D was a vagrant and was living in an unoccupied house. One ni…
Charged under s 127 of Social Securities Act, which creates e…
Offences prescribing an act and/or omission as the actus reus…
Actus Rea
Acts, omissions and contemporaneity... - Fagan... - Miller... - Nic…
R v Miller
D was a vagrant and was living in an unoccupied house. One ni…
Criminal Law: Inchoate Offences
DPP v Nock
DPP v Doot
R v Walker
R v Anderson
D need not have settled all of the details of the offence but…
no need for parties to have taken steps to carry out their ag…
D's conviction quashed because couldn't be proved that partie…
attempt to escape from prison. D agreed to take part by cutti…
DPP v Nock
D need not have settled all of the details of the offence but…
DPP v Doot
no need for parties to have taken steps to carry out their ag…
Criminal Law - Parties to offences
Principal party
Contribution to actus reus
No contribution to actus reus (Ngamu)
Innocent agency
Is the person who 'actually commits the offence' s 66(1)(a)... M…
Where actus reus constitutes one central element, joint princ…
A joint principal party who contributes to the actus reus of…
A with mens rea for offence X, procures B, who lacks mens rea…
Principal party
Is the person who 'actually commits the offence' s 66(1)(a)... M…
Contribution to actus reus
Where actus reus constitutes one central element, joint princ…
Criminal Law - Elements of offences
Actus Rea
R v Miller
Nicholson v Department of social welfare
Statuses and states of affiars
Acts, omissions and contemporaneity... - Fagan... - Miller... - Nic…
D was a vagrant and was living in an unoccupied house. One ni…
Charged under s 127 of Social Securities Act, which creates e…
Offences prescribing an act and/or omission as the actus reus…
Actus Rea
Acts, omissions and contemporaneity... - Fagan... - Miller... - Nic…
R v Miller
D was a vagrant and was living in an unoccupied house. One ni…
Criminal Law: Sexual Offences
R v Jheeta
R v Bree
Assange v Swedish Prosec Authority
R v Circcarelli
FREEDOM TO CHOOSE... V received anon threatening messages. V con…
Where person loses capacity to consent due to intoxication h/…
FREEDOM 2 CHOOSE [had V known D wouldn't use condom, V wouldn…
s75(2) evidential presump D asleep/unconscious didn't have ca…
R v Jheeta
FREEDOM TO CHOOSE... V received anon threatening messages. V con…
R v Bree
Where person loses capacity to consent due to intoxication h/…
22 terms
Criminal Law: Sexual Offences
Rape
Assault by Penetration
Sexual Assault
Causing somebody to engage in sexual a…
s.1 Sexual Offences Act 2003
s.2 Sexual offences Act 2003
s.3 Sexual Offences Act 2003
s.4 Sexual Offences Act 2003
Rape
s.1 Sexual Offences Act 2003
Assault by Penetration
s.2 Sexual offences Act 2003
9 terms
Criminal Law - Inchoate Offences
Gullefer
R v Campbell
Geddes
R v Jones
...
...
...
...
Gullefer
...
R v Campbell
...
Criminal Law- Inchoate Offences
R v Mohan (1976)
R v Pearman (1984)
Adderton v Ryan (1985)
R v Shivpuri (1986)
D slowed down car in response to a police officer's signal bu…
Guy swerved and tried to hit policeman. Held direct or obliqu…
D mistakenly bought a video recorder believing it to be stole…
D was distributing what he thought were drugs, turned out to…
R v Mohan (1976)
D slowed down car in response to a police officer's signal bu…
R v Pearman (1984)
Guy swerved and tried to hit policeman. Held direct or obliqu…
Criminal Law - Sexual Offences
Rape
Is rape harmful?
Intoxicated Sexual Intercourse
Factual and Legal consent
Section 1 Sexual Offences Act 2003
promotes unacceptable attitudes to women... societal harm... mental…
Section 75 (2) Sexual Offences Act 2003 - complainant unconsc…
Section 74 Sexual Offences Act 2003: Agrees by choice and has…
Rape
Section 1 Sexual Offences Act 2003
Is rape harmful?
promotes unacceptable attitudes to women... societal harm... mental…
28 terms
Criminal Law - Sexual Offences
Sexual Offences Act 2003 s.1(1)
S.79(2)
S.76
S.76(2)(a)
Intentional penetration of V's vagina, anus or mouth with D's…
Intercourse is a continuing act from entry to withdrawal
Conclusive presumptions of non-consent
Deception as to the nature & quality of the act
Sexual Offences Act 2003 s.1(1)
Intentional penetration of V's vagina, anus or mouth with D's…
S.79(2)
Intercourse is a continuing act from entry to withdrawal
9 terms
Criminal law - sexual offences
Rape
Actua reus of s1 rape
Mens rea of s1 rape
Case showing rape used to be 'honestly…
SOA 2003 rape
1. Oenile penetration of v's vagina, anus, or mouth... 2. V does…
1. Intention... 2. D lacks a reasonable belief in consent... 3. None
Morgan
Rape
SOA 2003 rape
Actua reus of s1 rape
1. Oenile penetration of v's vagina, anus, or mouth... 2. V does…
5 terms
law- criminal offences
assault
battery
section 47
section 20
causing another to apprehend immediate unlawful violence
directly or indirectly applying unlawful force upon another
an assault or battery which caused actual bodily harm (ABH)
maliciously inflicting a wound or grievous bodily harm upon a…
assault
causing another to apprehend immediate unlawful violence
battery
directly or indirectly applying unlawful force upon another
20 terms
Ch 4: Criminal Law and Offences
What must exist for a criminal offence…
In order for a case to be criminal it…
Quasi-Criminal
The Criminal Code
Actus reus and mens rea.
Harm other people and violate basic values of society. Also,…
Resembles criminal law, but are not actual "crimes" . (ie. sp…
Describes offences that are considered crimes and their punis…
What must exist for a criminal offence…
Actus reus and mens rea.
In order for a case to be criminal it…
Harm other people and violate basic values of society. Also,…
Criminal Law: Inchoate Offences
What are inchoate offences?
What is the 'actus reus' for criminal…
What potential problem arise when the…
What test for 'more than merely prepar…
Criminal offences which are designed to punish behaviour whic…
Doing an act which is 'more than merely preparatory' to the c…
Difficult to instruct the jury as to what an act is which is…
the attempt begins when...the defendant 'embarks on the crime…
What are inchoate offences?
Criminal offences which are designed to punish behaviour whic…
What is the 'actus reus' for criminal…
Doing an act which is 'more than merely preparatory' to the c…
31 terms
Criminal Law - Elements of Offences
Fagan
Actus reus
Miller
Nicholson
Actus reus (acts). Car on policeman's foot - resting there fo…
Physical element of an offence. Act, omission or status offen…
Actus reus (omissions). UK HoL. Cigarette and mattress - fell…
Actus reus (omissions). Woman on welfare benefit, continued t…
Fagan
Actus reus (acts). Car on policeman's foot - resting there fo…
Actus reus
Physical element of an offence. Act, omission or status offen…
28 terms
Criminal Law and Criminal Offences Terms
Abet
Absolute liability
Accessory After the fact... *caveat
Actus Reus
to encourage, incite, or set another on to commit a crime... *gu…
a criminal offence in which intent is assumed to be present a…
a person who receives, comforts, or assists another person fo…
Latin phrase meaning "a wrongful action"
Abet
to encourage, incite, or set another on to commit a crime... *gu…
Absolute liability
a criminal offence in which intent is assumed to be present a…
151 terms
Criminal Law offences
questions for theft
appropriarion
Pitham
R v Firth (1990) CoA
ACTUS REUS:... 1) was there an appropriation?... 2) was the thing a…
assumption of rights of the owner of the property over the pr…
offering to sell someone else's property is appropriation
THEFT is a result crime so should not happen by omission... how…
questions for theft
ACTUS REUS:... 1) was there an appropriation?... 2) was the thing a…
appropriarion
assumption of rights of the owner of the property over the pr…
54 terms
04: Criminal Law and Criminal Offences
Criminal Law
Civil Law
The Nature of Criminal Law
Criminal Code
- offences committed against society (smt unacceptable to soc…
offences committed against individuals, focuses on compensati…
- Parliament decides what a crime is... - regularly passes laws…
main source of criminal law in Canada... - desc. offences consid…
Criminal Law
- offences committed against society (smt unacceptable to soc…
Civil Law
offences committed against individuals, focuses on compensati…
18 terms
Criminal Law and Criminal Offences Notes
Law... a)Criminal law... b)Civil law
Reasons for law
Laws Parliament and the legislature pass
Laws Municipalities pass
-to protect people and property... a)deals with a criminal act (…
1) Discourage it... 2) Rehabilitate people ... 3) Retribution (pay…
criminal laws
parking and noise control laws
Law... a)Criminal law... b)Civil law
-to protect people and property... a)deals with a criminal act (…
Reasons for law
1) Discourage it... 2) Rehabilitate people ... 3) Retribution (pay…
Law - Criminal Offences
3 types of offences
Summary Conviction Offence
Indictable Offence
Hybrid Offence
Summary Conviction Offence ... Indictable Offence... Hybrid Offence
A less serious offence (under 5000)
A more serious debatable offence
Seriousness varies according to the circumstances of the offe…
3 types of offences
Summary Conviction Offence ... Indictable Offence... Hybrid Offence
Summary Conviction Offence
A less serious offence (under 5000)
28 terms
Ch.3-Criminal Law and Criminal Offences
Abet
Absolute liability
Accessory after the fact
Actus reus
To encourage, incite, or set another on to commit a crime
A criminal offense in which intent is assumed to be present a…
A person who receives, comforts, or assists another person fo…
Latin meaning "a wrongful action"
Abet
To encourage, incite, or set another on to commit a crime
Absolute liability
A criminal offense in which intent is assumed to be present a…
19 terms
Criminal Law: Inchoate offence
Robinson
Davey v Lee
Stonehouse
Campbell
Attempted insurance scam by jewler, but police found jewlery…
D cut through compound fence, caught making their way towards…
Labour politician disappeared, took out life insurance and wa…
D intend to rob a post office, was outside with a fake gun, d…
Robinson
Attempted insurance scam by jewler, but police found jewlery…
Davey v Lee
D cut through compound fence, caught making their way towards…
17 terms
CRIMINAL LAW - SEXUAL OFFENCES CASES
Penetration is a continuing act
Touching through clothes suffices
Rape - Agreement by choice - failure t…
Rape - Expression of agreement - V has…
R v Kaitamaki (NB: s.79(2) SOA)
R v H (NB: s.79(8) SOA)
R v Malone... MC v Bulgaria
R v Ciccarelli
Penetration is a continuing act
R v Kaitamaki (NB: s.79(2) SOA)
Touching through clothes suffices
R v H (NB: s.79(8) SOA)
46 terms
Law - Criminal Offence
R. v. Hunter
Levels of Offences
Summary Conviction
Indictable
Hunter is name of accused, R means "Regina" or Queen or "Rex"…
Summary Conviction, Indictable, Hybrid
Less serious crimes, maximum punishment up to six months or $…
More serious, most cary sentence between 2 years to life. Ex.…
R. v. Hunter
Hunter is name of accused, R means "Regina" or Queen or "Rex"…
Levels of Offences
Summary Conviction, Indictable, Hybrid
26 terms
Criminal Law - Offences Against Property
Theft
Property
Appropriation
R v Morris
Section 1 Theft Act 1968... Dishonestly appropriating property b…
Section 4 (1) Theft Act 1968... Money etc... NOT confidential infor…
Any assumption of the rights of the owner... Pittman v Hehl - mu…
Need to show that property rights were interfered with (switc…
Theft
Section 1 Theft Act 1968... Dishonestly appropriating property b…
Property
Section 4 (1) Theft Act 1968... Money etc... NOT confidential infor…
12 terms
Criminal Law - Non-fatal offences
R v Ireland
Bursow
Constanza
DPP v K
Man calls women during the night and then is just silent. ... L…
...
A telephone call can amount to an assault where it causes the…
...
R v Ireland
Man calls women during the night and then is just silent. ... L…
Bursow
...
Criminal Law: Non Fatal Offences
Fagan & MPC
R v Venna
R v Ireland
R v Burstow
Def of Assault: when D intentionally/recklessly causes anothe…
U can be reckless as 2 causing another 2 apprehend immediate…
An assult can be any act, inclu words alone or silence... D made…
assault can be any act incl word alone... V ended relationship w…
Fagan & MPC
Def of Assault: when D intentionally/recklessly causes anothe…
R v Venna
U can be reckless as 2 causing another 2 apprehend immediate…
Criminal Law - Non fatal offences
Criminal Law
Offence
Actus Reus
Mens Rea
the practice or body of law, jurisprudence, agencies, profess…
The specific elements and parts of a crime or criminal liabil…
The essential elements of a crime that must be proved to secu…
The state of mind that the prosecution must prove a defendant…
Criminal Law
the practice or body of law, jurisprudence, agencies, profess…
Offence
The specific elements and parts of a crime or criminal liabil…
52 terms
Criminal Law: Non-Fatal Offences
St George v S
Stephens v Myers
Roberts
Ireland
Assault includes pointing a gun
Assault includes rolling up sleeves
Assault includes making as if to kiss someone
Assault includes threatening phone calls
St George v S
Assault includes pointing a gun
Stephens v Myers
Assault includes rolling up sleeves
6 terms
Criminal law - Non Fatal Offences
R v Jheeta
R v Devonald
Assault definition
The right to bodily integrity
The defendant created a bizarre fantasy world through which h…
The complainant was a 16-year-old boy who had been in a relat…
when the D causes the V to apprehend an imminent use of force
a person should not be touched against his or her wishes - pr…
R v Jheeta
The defendant created a bizarre fantasy world through which h…
R v Devonald
The complainant was a 16-year-old boy who had been in a relat…
Criminal Law: Non-Fatal Offences
S39 criminal justice act 1998
An act causing the victim to apprehend…
Collins v Wilcock
Silence or words alone can constitute…
Where is assault contained
What is the AR of assault
Where is the AR of assault defined
What was held in Ireland
S39 criminal justice act 1998
Where is assault contained
An act causing the victim to apprehend…
What is the AR of assault
criminal law: property offences + rape
force in robbery could take place befo…
substantial and effective entry for bu…
person exceeds permission once he does…
"but for" test for factual causation
R v Lockley
R v Collins
John and Smith
R v White
force in robbery could take place befo…
R v Lockley
substantial and effective entry for bu…
R v Collins
28 terms
Criminal Law - Offences Against the Person
Law Commission 1993 Assault
R v Ireland
R v Constanza
R v Cunningham
An act by which a person intentionally or recklessly causes a…
Assault includes words / conduct
Immediate violence
Subjective recklessness
Law Commission 1993 Assault
An act by which a person intentionally or recklessly causes a…
R v Ireland
Assault includes words / conduct
28 terms
Chapter 3: Criminal Law and Criminal Offences
Abet
Absolute liability
Accessory after the fact
Actus reus
To encourage, incite, or set another on to commit a crime
A criminal offence in which intent is assumed to be present a…
A person who receives, comforts, or assists another person fo…
Latin phrase meaning "a wrongful action"
Abet
To encourage, incite, or set another on to commit a crime
Absolute liability
A criminal offence in which intent is assumed to be present a…
28 terms
Law 12 Terms: Chapter 3 Criminal Law and Criminal Offences
abet
absolute liability
accessory after the fact
actus reus
to encourage, incite, or set another on to commit a crime
a criminal offence in which intent is assumed to be present a…
a person who receives, comforts, or assist another person for…
Latin phrase meaning "a wrongful action"
abet
to encourage, incite, or set another on to commit a crime
absolute liability
a criminal offence in which intent is assumed to be present a…
53 terms
Criminal Law - 7 - Property Offences
The seven offences of dishonesty are...
The actus reus of theft is...
Historically the core of theft was the…
Which case shows that appropriation is…
Theft, housebreaking, embezzlement, robbery, extortion, fraud…
Appropriation of property belonging to another without consent
Taking away
Black v Carmichael
The seven offences of dishonesty are...
Theft, housebreaking, embezzlement, robbery, extortion, fraud…
The actus reus of theft is...
Appropriation of property belonging to another without consent
22 terms
Ch.4Vocab>CriminalLawAndCriminalOffences
Criminal law
Civil law
Break and enter
Actus reus
The type of law that deals with offences against society.
The type of law that deals with offences against individuals.
...
Latin for "a wrongful deed".... It must be shown that the person…
Criminal law
The type of law that deals with offences against society.
Civil law
The type of law that deals with offences against individuals.
13 terms
Criminal Law- Non Fatal Offences
Assault
Battery
OAPA 1861 s 47
Occasioning
Actus Reus: ... 1. Must be apprehension of violence (R v Lamb)…
Actus Reus: ... 1. Must be application of force (Collins v Wilco…
Assault occassional actual bodily harm (ABH)
Normal principles of causation apply in order to cause actual…
Assault
Actus Reus: ... 1. Must be apprehension of violence (R v Lamb)…
Battery
Actus Reus: ... 1. Must be application of force (Collins v Wilco…
37 terms
Criminal Law - 6 - Sexual Offences
The sexual offences are set out in whi…
At common law rape was...
At common law men could not...
The actus reus of rape at common law w…
Sexual Offences (Scotland) Act 2009
Narrowly defined
Be raped
A man having sexual intercourse with a woman without her cons…
The sexual offences are set out in whi…
Sexual Offences (Scotland) Act 2009
At common law rape was...
Narrowly defined
62 terms
LAW Chapter 7- Criminal code offences
homicide
culpable homicide
non-culpable homicide
murder
the killing of another person, directly or indirectly
blamable or criminal homicide
homicide for which a person will not be held criminally respo…
intentional homicide
homicide
the killing of another person, directly or indirectly
culpable homicide
blamable or criminal homicide
criminal law test: criminal offences and young offenders
three types of offences
indictable offences
summary conviction
hybrid offences
-indictable offences... -summary conviction offences ... -hybrid of…
-aka felonies... -more serious crimes (ie murder, treason, etc.)
-aka misdemeanors... -less serious crimes ... -maximum penalty = 6…
-offences which can be classified as either indictable or sum…
three types of offences
-indictable offences... -summary conviction offences ... -hybrid of…
indictable offences
-aka felonies... -more serious crimes (ie murder, treason, etc.)
47 terms
Criminal Law and Criminal Offences (test questions)
Why was the federal government given j…
What are quasi-criminal laws?
Where can one fine the most common cri…
How can you tell if an offence is summ…
The federal government was given jurisdiction over criminal l…
Laws passed by the provinces or municipalities are known as q…
The most common crimes and their penalties are listed in the…
Summary condition offences are minor offences and indictable…
Why was the federal government given j…
The federal government was given jurisdiction over criminal l…
What are quasi-criminal laws?
Laws passed by the provinces or municipalities are known as q…
Law 12: chapter 9 criminal offences
Summary conviction offence
Indictable offence
Hybrid or dual procedure offence
Homicide
A crime that js considered less serious and carries a lighter…
A crime that is considered more serious than a summary convic…
An offence that the crown can try either as a summary or indi…
The killing of another human being, directly or indirectly
Summary conviction offence
A crime that js considered less serious and carries a lighter…
Indictable offence
A crime that is considered more serious than a summary convic…
32 terms
LAW Ch. 7 - Criminal Code Offences
purpose of criminal code
culpable homicide
non-culpable homicide
first degree murder
to reflect the current social values of Canadians
blamable or criminal homicide
homicide for which a person will not be held criminally respo…
the most serious for of homicide (planned and delivered, vict…
purpose of criminal code
to reflect the current social values of Canadians
culpable homicide
blamable or criminal homicide
41 terms
CRIMINAL LAW - OFFENCES AGAINST THE PERSON CASES
Battery - AR - possible to batter indi…
Battery - AR - possibility of continui…
Battery - AR - causing someone else to…
Battery - AR - D didn't touch V, V act…
DPP v K (acid in hand-dryer)
Fagan v Metropolitan Police Commissioner (D driving over poli…
R v Martin (shouting fire at cinema, then barricading doors c…
Faulkner v Talbott (babysitter having sex with boy, but didn'…
Battery - AR - possible to batter indi…
DPP v K (acid in hand-dryer)
Battery - AR - possibility of continui…
Fagan v Metropolitan Police Commissioner (D driving over poli…
33 terms
Law 12 Ch 8: criminal offences
aggravated assault
aggravated sexual assault
assault
assault with a weapon causing bodily h…
wounding, maiming, disfiguring or endangering the life of the…
level 3... sexual assault that involves... wounding, maiming, disfi…
threatened or actual physical contact without consent.... Level…
injuring a person in a way that has serious consequences for…
aggravated assault
wounding, maiming, disfiguring or endangering the life of the…
aggravated sexual assault
level 3... sexual assault that involves... wounding, maiming, disfi…
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