This document provide structures to dissect offences in Criminal Law exams (For example: Mens Rea, Actus Reus, Legislation, Case law etc).
I followed this in my exam and obtained a distinction.
Offences covered include assaults, rape, burglary etc.
The Criminal Damage Act of 1971 defines Criminal Damage at s.1(1).
Actus Reus:
There are three elements to the Actus Reus of Criminal Damage, they are
as follows:
- Damage or destruction;
- Of property;
- Belonging to another.
Looking at the facts we can say that: ……
Mens Rea:
The intent for Criminal damage is basic intent.
In regards to the Mens Rea of this offence, the defendant must:
- Intend to damage/destroy property or be reckless as to such
damage/destruction; and
- Know that the property belongs to another or be reckless as to
whether the property belongs to another.
Here, …………….
Aggravated Criminal Damage?
S.1(2) sets out the offence of Aggravated Criminal Damage.
Actus Reus:
The mens rea of this offences requires the defendant to destroy or
damage ANY property (unlike the simple offence, this may include the
defendant’s property).
Here, ………….
Mens Rea:
The Mens Rea of the aggravated offences requires as follows:
, - Intend to damage/destroy property or be reckless as to such
damage/destruction; and
- Intent by the damage or destruction to endanger life of another or
be reckless as to whether another’s life might be endangered. It is
worth noting that R v Dudley 1989 stated that a Defendant can be
found guilty of the aggravated offence notwithstanding the fact that
no-one’s life was actually put in danger. The Mens rea has to be
considered at the time the defendant did the act which caused the
damage.
Here, ………….
It is clear that the offence of (Aggravated) Criminal Damage is (not) made
out here.
Lawful Excuse:
However there may be a lawful excuse here. S.5 of the Criminal Damage
Act 1971 provides that a Defendant may have a lawful excuse in several
cases.
Here,……………
, Start with s.18 and go down!
Simple Assault s.39
Here, we seem to have a simple assault.
S.39 of the Criminal Justice Act of 1988 defines simple assault.
Actus Reus:
The Actus reus of a simple assault is acts or words which cause the
victim to apprehend immediate and unlawful personal force. R v Burstow
1997 stated that it was sufficient that victim fears the force could occur
immediately.
Here, …………..
Mens Rea:
Basic intent is required for simple assault.
The Mens Rea of simple assault is that the defendant intended to cause
the victim to apprehend immediate unlawful personal force or be
reckless as to whether such apprehension be caused.
Here, ……
Defences:
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