By Routledge, Routledge-Cavendish
Cavendish LawCards are whole, pocket-sized courses to key examinable parts of the legislations for either undergraduate and PGDL classes. Their concise textual content, hassle-free format and compact layout make Cavendish LawCards the fitting revision relief for picking, realizing, and committing to reminiscence the salient issues of every sector of legislations.
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Additional info for Cavendish: Criminal Lawcards
No Was the victim touched or frightened? No D is not liable 50 3 Non-fatal offences against the person Yes D is liable for s 18 Yes D is liable for s 20 Yes D is liable for s 47 No D is not liable Yes D is liable for assault/battery No D is not liable 51 Cavendish LawCards: Criminal Law Actus reus The actus reus for this offence is exactly the same as that for the s 20 offence and consists of either a wound or grievous bodily harm. Mens rea A specific intent to cause grievous bodily harm is required for this offence (R v Belfon (1976)).
The distinction appears to be that the defence is available where the offence could never be possible (eg killing Queen Victoria) and one where ‘a supervening event’ makes completion impossible. Conspiracy Section 1(1) of the Criminal Law Act 1977 created a statutory offence of conspiracy and abolished, with two exceptions, the old common law offence of conspiracy. 25 Cavendish LawCards: Criminal Law Statutory (s 1(1) of the Criminal Law Act 1977) Conspiracy Conspiracy to defraud Common law Conspiracy to corrupt public morals Statutory conspiracy Definition The statutory offence of conspiracy is created by s 1(1) of the Criminal Law Act 1977, as amended by s 5 of the Criminal Attempts Act 1981, which provides: .
Furthermore, the accomplice might not be present at the actual killing – he may be sitting in the getaway car or be in another part of the house; he may have hoped, and probably did hope, that principal would not kill or do serious injury, however if the accomplice foresees the possibility that the principal might kill or do GBH as part of their joint enterprise, then he is liable to be convicted of murder. Therefore, an accomplice can be convicted of murder with a lesser degree of mens rea than the actual killer, who must have the mens rea himself to kill or do GBH.