Criminal Law and Procedure
Core concepts
Understand actus reus and mens rea, and how they must coincide. Know the degrees of mens rea: intention, recklessness, knowledge, negligence. Study offences against the person, theft and related dishonesty offences, and inchoate offences (attempt, conspiracy, incitement). Defences include self-defence, necessity, duress, automatism, intoxication, and insanity; each has precise conditions. Procedure covers arrest, search, bail, charge, trial, and sentencing principles.
Traps
Questions test the difference between subjective and objective standards of recklessness. Mistake of fact may negate mens rea; mistake of law generally does not. Intoxication is a defence only to specific-intent crimes where it prevents formation of intent. Transferred malice does not always apply across different offences. Watch for the thin-skull rule and causation breaks by novus actus interveniens.
Worked example
A man intends to punch X but hits Y. The mens rea transfers, so he is liable for the offence against Y as if Y were the intended victim. If instead Y dies from a negligent doctor's treatment, ask whether the treatment was so independent and potent as to break the chain; ordinary negligence does not.
Rule of thumb
For every offence, state the actus reus elements, then the mens rea for each, then test defences. If any element is unproved, the accused must be acquitted.