Criminal Liability SQE notes.
Actus reus, mens rea, and defences. Below: a preview of the notes, all 11 topics, sample questions with worked explanations, and the first chapter of the Criminal Liability study guide to download free, all mapped to the SRA’s FLK2 specification.
Free sample chapter
The first chapter of the Criminal Liability study guide, with five worked questions, as a PDF and EPUB. The full guide is £9.99 on its own, and every subject is included with lifetime access.
From the notes
Topic 01: Principles of Criminal Liability
How the Criminal Liability notes read. Every one of the 11 topics is written the same way: the rule, the trap the examiners set, and a worked question.
A crime is conduct that the law prohibits and for which the state may punish the offender. Unlike civil wrongs, which are disputes between private individuals, crimes are considered offences against the public as a whole. The state brings the prosecution, not the victim.
- Statutory exceptions where Parliament has placed a legal burden on the defendant (e.g., defence of insanity under M’Naghten Rules)
- The defendant bears an evidential burden to raise a defence (e.g., self-defence, provocation) — once raised, the prosecution must disprove it beyond reasonable doubt
- Strict liability offences where the prosecution need not prove mens rea for some or all elements
- Reverse burden provisions under certain statutes (e.g., s.2(2) Road Traffic Act 1988 — drunk driving presumption)
Full notes for all 11 topics are included with lifetime access, or as the Criminal Liability study guide (£9.99).
All 11 topics in Criminal Liability
SRA-aligned- 01Free
Principles of Criminal Liability
Actus reus, mens rea, causation, omissions, and the fundamental building blocks of criminal liability
- 02
Common Assault and Battery
Common assault, battery, section 47 OAPA 1861, and consent as a defence
- 03
Section 20 and Section 18 OAPA 1861
Unlawful wounding or grievous bodily harm and wounding or causing grievous bodily harm with intent
- 04
Murder
Actus reus and mens rea of murder, mandatory life sentence, and reform proposals
- 05
Manslaughter
Voluntary manslaughter (loss of control, diminished responsibility) and involuntary manslaughter (unlawful act, gross negligence)
- 06
Theft
The elements of theft under section 1 Theft Act 1968 — appropriation, property, belonging to another, dishonesty, and intention to permanently deprive
- 07
Robbery, Burglary and Related Theft Offences
Robbery (s.8), burglary (s.9), aggravated vehicle-taking (s.12A), and handling stolen goods (s.22)
- 08
Fraud
Fraud by false representation, abuse of position, and failing to disclose under the Fraud Act 2006
- 09
Criminal Damage
Simple criminal damage, aggravated criminal damage, and arson under the Criminal Damage Act 1971
- 10
General Defences
Self-defence, defence of another, and intoxicication
- 11
Parties to Crime and Inchoate Offences
Principal offenders, accomplices, and the inchoate offence of attempt
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3 sample CRL questions
Real SBA questions from the Criminal Liability bank, with the full explanation. The paid bank covers all 11 topics and difficulty levels.
A man is tried in the Crown Court for assault occasioning actual bodily harm after a fight outside a bar. He admits punching the other man but says he did so only because the other man had come at him with a broken bottle. Two witnesses support his account and the prosecution disputes it. Before the jury retires, the judge directs them that, the punch being admitted, it is for the man to satisfy them on the balance of probabilities that he was acting in self-defence.
Is the judge's direction to the jury on the burden of proof correct?
- No, because the man need only raise self-defence; the prosecution must then disprove it beyond reasonable doubt. Correct
- No, because a defendant in a criminal trial never bears any burden at all in relation to a defence.
- Yes, because a defendant who relies on a defence must establish it on the balance of probabilities.
- Yes, because the prosecution's burden is discharged once it proves that the man deliberately struck the other man.
- Yes, because self-defence is a common law defence, and a reverse burden applies only to statutory defences.
A man is replacing a light fitting in a shop when he touches a live wire and receives a severe electric shock. His arm jerks violently backwards and the screwdriver in his hand cuts the face of a woman who is holding the foot of his ladder. The cut needs stitches. Medical evidence is that the shock caused an uncontrollable muscular spasm and that he had no control over the movement of his arm. He is charged with assault occasioning actual bodily harm.
Is the man criminally liable for the injury caused by the movement of his arm?
- Yes, because he chose to work on a live fitting with a woman standing directly beneath him.
- No, because the movement of his arm was not willed, and liability requires a voluntary act. Correct
- No, because the shock left him with no memory of the incident, so he lacked the mental element.
- Yes, because the injury flowed directly from his own act of taking hold of the screwdriver.
- No, because a person who acts under an uncontrollable impulse is entitled to be acquitted of any charge.
A man wants his business partner dead. Knowing the partner takes a heart tablet with his coffee each morning, he replaces the tablets with identical capsules containing a lethal dose of a slow-acting poison. The partner swallows one on his way to work. Twenty minutes later, and before the poison has had any effect at all, he is killed instantly when a lorry mounts the pavement and strikes him. Medical evidence is that the capsule played no part in the death, but that it would have killed him by that evening.
Of what offence, if any, is the man most likely to be convicted?
- Murder, because he acted with the intention to kill and his partner is in fact dead.
- Attempted murder, because the capsule played no part in the death, so he did not cause it. Correct
- Murder, because both the substituted capsule and the road collision were operating and substantial causes of his death.
- Attempted murder, because the collision was an intervening act which broke the chain of causation.
- Manslaughter, because replacing the tablets was an unlawful and dangerous act which was followed by death.
Free audio course
Listen to Criminal Liability — Season 7 of the podcast
Every topic below is also a free podcast episode — the rules, the traps and a worked question in around fifteen minutes, on your commute.
- 1. Principles of Criminal Liability21 min
- 2. Common Assault and Battery20 min
- 3. Section 20 and Section 18 OAPA 186121 min
- 4. Murder22 min
- 5. Manslaughter23 min
- 6. Theft22 min
- 7. Robbery, Burglary and Related Theft Offences20 min
- 8. Fraud23 min
- 9. Criminal Damage23 min
- 10. General Defences21 min
- 11. Parties to Crime and Inchoate Offences22 min
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