Criminal Law & Procedure Advanced Flashcards

What did the Supreme Court decide in R v Jogee [2016] regarding joint enterprise liability?

Answer: The Privy Council in Chan Wing-Siu [1985] had incorrectly introduced 'parasitic accessory liability'; the mental element requires intention to assist or encourage the principal's act, not mere foresight of what might be done

R v Jogee [2016] UKSC 8 overruled Chan Wing-Siu, holding that parasitic accessory liability (secondary liability based on foresight that the principal might commit another offence) was a wrong turn. The correct mental element for secondary liability is intention to assist or encourage the principal's acts.

What are the elements of the offence of fraud by abuse of position under s.4 Fraud Act 2006?

Answer: Occupying a position in which one is expected to safeguard the financial interests of another, dishonestly abusing that position with intent to make a gain or cause a loss

S.4 Fraud Act 2006 requires: (1) occupation of a position expected to safeguard (or not act against) another's financial interests, (2) dishonest abuse of that position, (3) by act or omission, (4) with intent to make a gain or cause a loss. Examples include a trustee exploiting their position or an employee defrauding their employer.

What is the defence of 'consent' in the context of the offence of battery, and what limits exist (R v Brown [1993])?

Answer: Consent is a defence to battery but cannot be a defence where the activity involves the deliberate infliction of actual bodily harm or worse, unless a recognised exception applies (Brown)

R v Brown [1993] AC 212 (sadomasochism case) held that consent is not a defence to the infliction of actual bodily harm or above for reasons of public policy, unless the activity falls within a recognised exception (e.g., surgery, tattooing, sporting activity, rough horseplay).

What are the PACE 1984 Code C requirements before a police interview?

Answer: The suspect must be cautioned, informed of their right to legal advice, and given the opportunity to consult a solicitor before the interview

Under PACE 1984 Code C, before a police interview, the suspect must: (1) be cautioned (their right to silence and adverse inference warning), (2) be informed of their right to legal advice, (3) be given a reasonable opportunity to consult a solicitor unless one of the limited exceptions for delay applies.

What is the threshold for charging a suspect under the Code for Crown Prosecutors?

Answer: The Full Code Test: there is sufficient evidence to provide a realistic prospect of conviction and prosecution is in the public interest

The Full Code Test in the Code for Crown Prosecutors requires: (1) evidential stage — there is sufficient evidence to provide a realistic prospect of conviction (an objective test — would a properly directed jury be more likely than not to convict?), and (2) public interest stage — prosecution is in the public interest.

What is 'abuse of process' in criminal proceedings and what remedy is available?

Answer: Conduct that would bring the administration of justice into disrepute or cause serious prejudice to the defendant; the remedy is a stay of proceedings

Abuse of process is a doctrine (R v Horseferry Road Magistrates' Court ex p Bennett [1994]) allowing a court to stay proceedings where it would be an abuse to allow the prosecution to proceed — for example, due to unlawful entrapment, manipulation of extradition, or serious delay causing prejudice.