← Home
Criminal Law Flashcards
Free Law Revision Cards on Flashcard Maker
Cover the key elements of criminal liability, common offences, defences and the principles of mens rea and actus reus with these free Law flashcards. Useful for A Level Law and first year university.
Question
What is criminal law?
tap to flip
Answer
The body of law that defines conduct prohibited by the state because it threatens public order or welfare — and prescribes punishment for offenders. The state prosecutes offenders, not the victim.
tap to flip
Question
What must the prosecution prove to secure a criminal conviction?
tap to flip
Answer
Guilt beyond reasonable doubt — a higher standard than civil law (balance of probabilities). Must prove actus reus and mens rea for most crimes.
tap to flip
Question
What is actus reus?
tap to flip
Answer
The physical element of a crime — the guilty act (or sometimes an omission). Must be a voluntary act. Not merely a state of mind.
tap to flip
Question
What is mens rea?
tap to flip
Answer
The mental element of a crime — the guilty mind. Usually requires either intention (deliberately bringing about the prohibited result) or recklessness (taking an unjustifiable risk).
tap to flip
Question
What is the difference between direct and oblique intention?
tap to flip
Answer
Direct intent: the defendant's purpose is to cause the prohibited result. Oblique intent: the prohibited result is not the aim but the defendant foresaw it as a virtual certainty — Woolin [1998].
tap to flip
Question
What is recklessness in criminal law?
tap to flip
Answer
Consciously taking an unjustifiable risk — the defendant was aware of the risk but proceeded anyway. Established in R v G [2003] (subjective Cunningham recklessness).
tap to flip
Question
What is strict liability?
tap to flip
Answer
A criminal offence where no mens rea is required for at least one element — the act alone makes the defendant guilty. Usually regulatory offences (food safety, traffic). Justification: public protection.
tap to flip
Question
What is the actus reus of murder?
tap to flip
Answer
The unlawful killing of a human being under the Queen's Peace. Death must result from the defendant's act; must be the cause of death (causation — factual and legal).
tap to flip
Question
What is the mens rea of murder?
tap to flip
Answer
Malice aforethought — either express malice (intention to kill) or implied malice (intention to cause grievous bodily harm). The defendant need not have premeditated the killing.
tap to flip
Question
What is voluntary manslaughter?
tap to flip
Answer
Where the defendant has the mens rea for murder but has a partial defence reducing liability: diminished responsibility, loss of control, or suicide pact. Verdict: manslaughter, not murder.
tap to flip
🔒
See all 20 cards for free
Create a free account to unlock the full deck — no payment needed.