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AQA A Level Law- Criminal Law 2024 Exam Study Guide
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AQA A Level Law- Criminal Law 2024 Exam Study Guide
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AQA A Level Law- Criminal Law 2024Exam Study Guide
Crime - Answer>> Conduct which is prohibited by the state and
has penal consequences
Actus Reus - Answer>> A prohibited voluntary act or omission
that causes harm to another
Mens rea - Answer>> The mental element (guilty mind) or the
fault element in an offence
individual autonomy - Answer>> The capacity of a rational
individual to make an informed, un-coerced decision
maximum certainty - Answer>> A key legal concept. The legal
system should be clear to allow the public to regulate their
conduct with certainty as to what is legal and what is not
correspondence - Answer>> A person should only be convicted
of a crime where the actus reus matches the required mens rea
Fair labelling - Answer>> Ensure that the criminal conduct in
question matches the offence and the sentence given
retrospective legislation - Answer>> Acts of Parliament that are
made to apply to conduct that existed before the statute. There is
a presumption that statutes do not generally create retrospective
liability.
omission - Answer>> the failure to act which can result in
criminal liability
, conduct crime - Answer>> Prove the act happened e.g., prove
that the defendant appropriated property belonging to another in
theft
result crime - Answer>> prove the act and the specific outcome
as a result of the the act e.g., prove application or threat of
unlawful force as well as injury to the victim in assault occasioning
actual bodily harm
state of affairs crime - Answer>> Prove that a set of
circumstances exist e.g., prove that the defendant had
possession of drugs
Voluntariness - Answer>> The requirement that a defendant's
act be the product of his own will. If D has no control over his
actions then he has not committed the AR.
R v Kennedy (2007) - Answer>> D gave V (deceased) heroin, V
self injected and died. D not guilty, V exercised own freewill and
individual autonomy
Hill v Baxter (1958) - Answer>> Case gave exceptions to which
a driver of a vehicle could not be doing the act voluntarily. e.g lost
control due to a swarm of bees or struck in the head by a stone or
had a heart attack, whilst driving
R v Quick (1973) - Answer>> D was diabetic nurse, attacked
patient, claimed he was suffering a hypoglycaemic seizure as not
eaten enough after injecting insulin. Could rely on defence of
automatism as episode caused by insulin which is an external
factor.
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