A Level Law criminal law paper 2 Cheat Sheet

1. Custodial sentencing	Sent to prison-usually for serious crimes e.g. murder robbery- fix term or life imprisonment- can be mandatory or discretionary
2.community sentence	Offender remains in community but follows rules e.g. unpaid work (community service), curfews, rehabilitation programs-given for less serious crimes or first time offenders
3. Fines	Offender must pay a sum of money-common for minor offences e.g.traffic violation
4. Discharges
Absolute discharge	No punishment given, but conviction stands
Conditional discharge	No punishment unless offender commits another offence within a set period
FACTORS INFLUENCIING SENTENCING
-aggravated factors (harsher sentence)	-use of weapon -previous conviction- vulnerability of victims e.g.g child or elder- racial or religious hostility- planning or premediatation
-mitigating factors (can reduce sentence)	-no previous conviction- remorse shown by offender- young age or mental illness-cooperation with police-provocation or duress

1.Positive Voluntary actions	Defendant must do something voluntary
	Involuntary actions are NOT Actus reus
	E.g. walking, hitting, stealing- all positive, voluntary actions
2. Omission (failure to act)	Failure to act when it is a legal duty to act
	No legal duty=no liability
R v stone and dobinson (omission through relationship)	Failure to take care of child
R v gibbons and proctor	Duty from relationship, parents starved child to death
R v. Miller	Duty from dangerous situations set mattress on fire
3. Causation	Must be proven that defendant caused prohibited consequences
Factual causation
“But for test”	But for the defendants conduct, would the result have occurred?
R v white	Intended to poison mother but she foiled of heart attack instead-not guilty of murder
Legal causation	Act must be a significant cause of conseq
-defendant act don’t have to be cause, just more than minimal
Chain of causation must remain intact
Intervening at can break chain of unforseeable or disproportionate
R v pagettt	Girlfriend as human shield as an act of self defence

1.retribution	Punishment as payback or revenge-offender “deserves” to be punished
2.deterrence	general deterrence to discourage others in society- individual deterrence to stop particular offenders from reoffending
3.rehabilitation	Help offenders reform and integrate into society
4.protection of the public	Keep dangerous offenders away-imprisonment
5.reparation	Compensate the victim or society thru fines or community service

1.Assault
Actus reus	Causing apprehension of immediate unlawful harm
Means rea	Intention or subjective recklessness
R v ireland	Silent calls repeatedly can amount to assault if causing substantial psychological harm
2.Battery
Actus reus	Application of unlawful force to another person-even the slightest unconsented touch
Mens rea	Intention or subjective recklessnes
Collins v wilcock	Grabbed woman’s hand without any legal justification
Actual Bodily Harm	ABH s.47 OAPA
Actus reus	Either assault or battery that causes substantial bodily harm e.g. bruises, cuts, recognised psychiatric harm
Mens rea	Of assault or battery;intension to commit either with foreseen ABH
R v Miller	Defined ABH “any hurt or injury calculated to interfere with health or comfort)
Grievous Bodily Harm	GBH s.20 OAPA-malicious wounding or inflicting GBH
Actus reus	Unlawfully wounds, inflicts grievous bodily harm. “Really serious harm”
Mens rea	Must me reckless as to causing some harm-not necessarily s
DPP v Smith	GBH defined as VERY SERIOUS PHYSICAL HARM
R v Bollom	GBH should take into account age and health of victim, baby injuries treated more seriously
R v Parmenter	Injured baby by handiling roughly . Did not foresee harm. Court held under s.20d must for see harm even if not serious
GBH with intent	S.18 OAPA
Actus reus	Unlawful wounds or inflicts grievous bodily harm-serious harm (same as GBH)
Mens rea	Specific intent to cause grievous bodily harm. Or intent to resist. Or prevent lawful apprehension or any persons Much more serious

Refers to the defendants state of mind at the time of the crime
Shows intent, knowledge, recklessness, or belief about crime
Prosecution must prove Mens Rea along with Actus reus
Types of men’s rea
1.intention
Direct intention: defendants main aim to bring specific consequences	Oblique intention :consequences is not main aim but is virtually certain side effect e.g. r v woolin in baby thrown into pram
2.recklessness	Defendant did action for seeing there was a risk but still went ahead-key test is subjective
R v cunningham	D pulled gas’s meter off causing gas’s leak and endangered neighbours though normal ppl forsee risk
3. Knowledge and belief	In some cases it’s enough to believe or know certain things even if they did not intent full consequences
WHY DOES MENS REA MATTER?
Show culpability-generally can’t without right mental
Different crimes require different levels of Mens rea
Some offences are strict liability (no means Rea needed) but most not

A Level Law criminal law paper 2 Cheat Sheet (DRAFT) by Looza