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SQE1: Criminal Law and Practice

SQE1 · Work through your exam, one topic at a time.

All guide sections

Criminal Law and Practice

The building blocks

Actus reus must be voluntary; omissions only attract liability where there is a duty (statute, contract, relationship, assumption of responsibility, creation of danger). Mens rea includes intention (direct and oblique - Woollin, virtual certainty), recklessness (subjective - Cunningham) and negligence. The actus reus and mens rea must coincide. Causation requires factual ("but for") and legal (operating and substantial) cause; novus actus interveniens and the thin skull rule are frequent test points.

Homicide and offences against the person

Murder requires malice aforethought (intent to kill or cause GBH). Voluntary manslaughter arises from loss of control or diminished responsibility; involuntary manslaughter from gross negligence or unlawful act. Offences against the person run from assault and battery through s 47 ABH to s 20 and s 18 OAPA 1861, distinguished by harm caused and intent.

Theft and dishonesty

Theft Act 1968: dishonest appropriation of property belonging to another with intent permanently to deprive (s 1). Dishonesty follows Ivey v Genting Casinos - objective standard applied to the defendant's actual knowledge and beliefs, not the old Ghosh two-limb test. Robbery is theft with force; burglary requires entry as a trespasser with intent or subsequent theft/GBH.

Procedure

Plea before venue and allocation; bail under the Bail Act 1976 with the presumption in favour of bail; disclosure obligations; sentencing guidelines with custody thresholds and credit for guilty pleas.

Worked example: borrowing a friend's car intending to return it is not theft - there is no intention permanently to deprive (though it may be taking without consent).