Summary
Summary UBE - Criminal Law (Notes)
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Homicide Offences against Person Offences against Property Inchoate Offences Accomplice Elements of Crimes Defences Justification Jurisdiction
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CRIMINAL LAW1) Homicide (MPC)
In common law, murder (second degree murder) requires malice aforethought either expressly or
impliedly. Express malice requires that the murderer had the intent to unlawfully kill the victim at the
time of the murder. This requires that he had the purpose to kill or knowledge that death will be
substantially certain. Implied malice requires that the murderer had an intent to commit grievous
bodily harm (no intent to kill), an intent to use a deadly weapon, an intent to commit a felony murder,
or reckless disregard towards the obvious risk to others demonstrating a wanton indifference to human
life, known as having a ‘depraved heart’. A notable example includes drinking under the influence of
alcohol. However, a murderer can argue to reduce his sentence down for committing murder to
voluntary manslaughter. This is determined in three ways. One way is by demonstrating that the
murderer had no intent to kill because he was adequately provoked by the victim, i.e. he was suddenly
aroused by the victim’s act that caused him to lose control. The murderer had no time to cool off and
a reasonable person would not have had time to cool off, thus the murderer committed the murder in
the ‘heat of the passion’. For example, the defendant saw his lover engaged in some intimate act with
another person, whether or not it involved sexual intercourse. However, words alone demonstrating
that there was sexual intercourse will not suffice as adequate provocation. Another way is by
demonstrating that he had an unreasonable yet honest belief that the killing was necessary, under the
‘imperfect self doctrine’ theory. The last way is by demonstrating that the murderer was voluntarily
intoxicated. Furthermore, the defendant can reduce further to involuntary manslaughter where the
defendant committed a misdemeanour or felony where death was a foreseeable and natural
consequence of his act, or the defendant acted negligently when committing the killing in which he
had reason to know that death would likely occur. For example, a father declined to seek medical aid
from the state for his child because he did not want to accept what he considered as charity, and the
child later died due to malnutrition (unlikely an obvious risk in terms of reckless behaviour). Another
example may concern a man under the state of hypnosis striking a person he disliked the most, rather
than a completely random person.
As seen in common law, in statutory law, a defendant will be charged with second degree murder at
the first instance. This constitutes the same definition as that of common law murder, as well as
murder under voluntary intoxication. It does not constitute adequate provocation nor deliberate and
premeditated intent to kill, known as the ‘catch-all exception’. However, if the prosecution can prove
so, the defendant’s charge may be raised to first degree murder which is more severe. Here, the
prosecution must demonstrate that the defendant had a premeditated intent to kill where he had a
significant period of time to reflect on killing the victim, and his intent was deliberate in that he made
such a decision in a cool and dispassionate manner.
A defendant may be charged with felony murder where he committed murder during the commission
of/attempt of/flight from a dangerous felony or committed in a dangerous manner (substantial risk of
death/serious bodily harm), and the murder was unintentional yet foreseeable. This includes
intimidating a person whose existing condition was aggravated and caused him to die. However, this
excludes manslaughter. They must be distinctly separate from one another. Felonies include burglary,
arson, rape, robbery, kidnapping and felonious escape. If the defendant killed a victim while
committing a felony but was able to escape and reach a temporary safety location before the victim
died, he will not be liable for that murder nor subsequent murders after commission of the felony.
But if the victim died before he reached that location, the defendant will be liable for felony murder.
A felony murderer can also be liable for the deaths of other victims committed not by him, but by
others under the proximate causation theory if it was foreseeable, or by his co-felons or accomplices
, under an agency theory. However, under the Redline view (majority view), the murderer cannot be
guilty for the death of his co-felon if he is killed by another party or by the police. Whereas under the
common law (minority view), the murderer can still be liable.
2) Offences against Person
Battery (misdemeanour) requires a general intent to commit unlawful application of force or even
offensive touching towards a victim, such that the victim would not ordinarily consent to such act,
unless it involved a sports activity or medical surgery. Battery does not have to be committed directly
against the victim. For example, a person may be liable for his dog attacking another, despite the
person not directly harming the victim. Unlike assault, battery does not require specific intent, but
rather a general intent. Battery can be increased to aggravated battery (felony) if the defendant caused
serious bodily harm, used a deadly weapon, or had intent to kill or rape. However, battery may be
avoided by defences such as consent, self-defence or necessity to prevent a crime.
Assault (misdemeanour) can consist of either a specific intent to commit battery even if the defendant
failed to assert any harm on the victim (attempted-battery assault), or the defendant had a general
intent to create a reasonable apprehension of imminent harm (apprehension assault). Thus voluntary
intoxication can only negate specific intent to commit battery through assault, but not to create
reasonable apprehension of harm. Assault specifically requires imminent danger and apprehending
that danger, which is subjectively determined. This requires words in conjunction with an overt
threatening act. But the key element is that the defendant had the specific intent in doing so, even
though he never hurt the victim. Assault can be increased to aggravated assault (felony) if the
defendant used a deadly weapon, intended to rape/maim/murder, or the victim is specially protected
by statute.
False imprisonment consists of having a general intent to unlawfully confine a person without his
consent. This requires physically preventing someone from being able to escape from a particular
enclosed location. However, it also requires that the victim had no reasonable means of escape.
Kidnapping is similar to false imprisonment in that it requires a general intent to unlawfully confine
a victim without his consent as well. However, it additionally requires some movement or
concealment of the victim in a secret location, rather than simply confining him somewhere. Thus
kidnapping has a broader definition. In the case of kidnapping children, the child’s consent is never
relevant.
Rape requires unlawful carnal knowledge of the victim with even the slightest penetration. The victim
may be male or female as recognised in the modern law, whereas the traditional law excluded a
woman raping a man. The parties must also be estranged or separated. Lastly, rape requires no consent
from the victim. Such consent must be voluntary, rather than given by coercion or duress.
Statutory rape requires the same elements, except that consent is not relevant if the victim is under
age. The defendant’s mistake as to the victim’s age is not relevant as a defence if he is charged with
strict liability rape, but it may be relevant if charged with a general intent crime of rape where the
mistake was reasonable.
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