Summary OCR A-level Law (H418) - Criminal Law
This is a revision summary of the OCR A-level Law (H418) Criminal Law module. It provides relevant legislation, case law and facts in a concise format for students to use when revising.
OCR Criminal law overview
Topics:
- General elements of criminal liability
- Non-fatal offences
- Theft
- Robbery
- Burglary
- Murder
- Voluntary manslaughter
o Loss of control
o Diminished responsibility
- Involuntary manslaughter
o Unlawful act
o Gross negligence
- Preliminary offences
- General defences
o Self-defence
o Duress (threat, circumstances and necessity)
o Consent
- Capacity defences
o Insanity
o Automatism
o Intoxication
General elements of criminal liability
,Omissions
Failure to act.
Types:
Statutory duties (Road Traffic Act 1988)
Voluntary duties (R v Evans)
Special relationship/familial duties (R v Gibbins and Proctor)
Contractual duties (R v Pittwood)
Dangerous situation duties (R v Miller)
Public duties (R v Dytham)
Causation
Factual
But for test - R v White / R v Pagett
Legal
Whether there is a chain of causation:
Operating and substantial cause (R v Smith), there must be de minimis
(R v Kimsey)
Intervening act:
o Victim's own act (R v Roberts)
o Medical intervention (‘palpably wrong’) (R v Cheshire / R v
Jordan)
o Third party act (R v Pagett)
Thin skull rule (R v Blaue)
Recklessness
For basic intent offences, eg assault/battery.
Where action is an unjustified risk that D would have known/a reasonable person
would have known (Cunningham).
Intention
Direct intent
Where the consequence is D's main aim and purpose (Mohan). This is not
the same as motive.
Indirect/Oblique intent
Where the consequence is a virtual certainty seen by D (Woollin).
Contemporaneity rule
, AR and MR must coincide in a series of acts (Thabo Meli / Church) or a
continuing act (Fagan).
Strict liability
Where MR is not required (eg PSGB v Storkwain).
Transferred malice
Where the intended and actual crimes are the same, but the intended victim and
actual victim are different (Latimer / Gnango / Pembliton).
Non-fatal offences
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