Read e-book online Cavendish: Criminal Lawcards PDF

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By Routledge, Routledge-Cavendish

ISBN-10: 1859418694

ISBN-13: 9781859418697

Cavendish LawCards are entire, pocket-sized publications to key examinable parts of the legislations for either undergraduate and PGDL classes. Their concise textual content, elementary format and compact layout make Cavendish LawCards the right revision relief for picking, figuring out, and committing to reminiscence the salient issues of every region of legislations.

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Extra info for Cavendish: Criminal Lawcards

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This offence can be committed by a male or female, against a male or female. Rape and other offences against children under 13 (ss 5–8) A child under 13 cannot give consent. Therefore, in relation to the offences listed above (the ‘non-generic’ offences) the prosecution need only prove that the defendant did the relevant act. Whether or not the child consented is irrelevant. 57 Cavendish LawCards: Criminal Law By contrast, absence of consent (or a reasonable belief in consent) must still be proved by the prosecution in cases where the child is 13 or older.

The accomplice knew that the house was to be petrol bombed but had not foreseen that serious harm would ensue. By contrast, the principals had 41 Cavendish LawCards: Criminal Law intent to do GBH. The Court of Appeal held that the accomplice could be found guilty of manslaughter on the basis that the principals carried out the very deed (actus reus) contemplated by the accomplice. The fact that the accomplice had not foreseen serious harm meant that he could not be liable for murder, but nonetheless he had sufficient mens rea to be convicted of manslaughter.

Difficulties may arise in relation to knowledge where the offence is to be committed in the future or by a person of whose precise intentions the accused cannot be certain in advance. An example is where the defendant knows that a burglary is to be committed and provides equipment to be used in the burglary. He is guilty even if he does not know of the precise details of the proposed offence, provided that he knows the type of crime to be committed (Bainbridge (1960)). Exceptions If the defendant is under a legal duty (eg a contractual duty) to aid the principal, for example by returning property which the principal owns, he will not be held liable as an accomplice even though he knows the type of offence which the principal intends to commit (R v Lomas (1913)).

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Cavendish: Criminal Lawcards by Routledge, Routledge-Cavendish

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