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Law Paper 1 > 1. General Elements > Flashcards

1. General Elements Flashcards

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1
Q

What is an Actus Reus?

A

the physical part of a crime. can be an act or an omission

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2
Q

What is an omission?

A

when someone fails to act and it results in liability.

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3
Q

What’s the rule for good samaritan rule?

A

No law on this in the Uk, people have no requirement to help stranger if they’re drowning.

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4
Q

What is Omissions under statue?

A

Where an act of parliament creates a duty of care.

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5
Q

An example of Omissions under statue?

A

S.170 of road traffic act 1988
(e.g failure to stop and report an accident)

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6
Q

What are contractual duties?

A

when a contract creates a duty of care

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7
Q

What is acceptance of care?

A

when you agree to take care of someone, you have a duty of care for them

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8
Q

Case for acceptance of care?

A

Stone and Dobinson
Ds accepted care for anorexic sister, she got worse in their care, LBO for manslaughter.

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9
Q

What is duty via relationship?

A

having a duty of care for someone. only applies to your child or spouse.

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10
Q

Case for duty via relationship?

A

Gibbons and Proctor
parents neglected 7yr old. she starved to death. LBO for murder

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11
Q

What is creation of danger?

A

setting a chain of events in motion that caused danger

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12
Q

Case for creation of danger? (fire)

A

Miller
fell asleep with cigarette, caused fire and woke up but ignored it and moved to another room. LBO for arson

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13
Q

Case for creation of danger? (drugs)

A

Evans
bought V heroin, she overdosed and they didn’t call ambulance. LBO for her death

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14
Q

What are public duties?

A

When someone’s job gives them a duty. Eg police, politician

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15
Q

Case for public duties?

A

Dytham
Police watched bouncer kill man, didn’t intervene. LBO as he had duty to protect V

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16
Q

What is public policy?

A

When they create a duty to avoid a public outcry

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17
Q

Case for public policy?

A

Wacker
didnt open air vent in lorry, immigrants in the back suffocated.

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18
Q

Case for contractual duty?

A

Adomako
doctor didn’t notice oxygen pipe loose. Patient died. LBO as doctors have contractual duty of care for patients

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19
Q

What is Termination of a duty?

A

When doctors turn off life support if no activity in brain stem cells

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20
Q

Case for termination of duty?

A

Bland
Had brain activity but would never recover/ wake up. Agreed would be best to stop care. Not LBO as it was in patients best interest

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21
Q

What is factual causation and the case?

A

The but for test.
White - tried to poison mum but she died of heart attack before. NG of murder as he wasn’t the cause of death

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22
Q

What is legal causation?

A

A culpable act that is the substantial and operative cause of the result.

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23
Q

Legal causation cases?

A

Pagett - used gf as shield when shooting at police. Guilty as it was forseeable police would shoot back and she’d be injured

Hughes - V drove recklessly and crashed into D. D had no lisence. NG as Ds driving wasn’t the cause of Vs death, it was Vs fault

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24
Q

What is the thin skull rule?

A

you must take your victim as you find them

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25
Q

Thin Skull case?

A

Blaue
Jehovas witness who refused blood which could’ve saved her. D still guilty as religious belief doesn’t break chain

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26
Q

What’s the rule for victims own acts escape?

A

Only breaks chain if so daft that no reasonable person would foresee it

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27
Q

Case for Vs own acts - Escape?

A

Roberts
Jumped out of moving vehicle to escape assault. D guilty of ABH as it’s foreseeable she’d try to escape

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28
Q

What is the rule for Vs own acts - Self treatment / refusal?

A

Refusing medical treatment, even if unreasonable will never break chain

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29
Q

Case for Vs own acts - refusal

A

Holland
didn’t get infected cut treated, needed arm amputated but refused so died. D guilty of manslaughter as he caused the cut.

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30
Q

Rule for Vs own acts - self injection?

A

It depends on who administers the drug. If v gives it themself, no one is liable. If D injects V, D is liable

31
Q

Cases for Vs own acts - self injection?

A

Kennedy
V injected themself and died. Dealer not guilty as V did it to themself

Cato
D (drug dealer) injected V (friend) and they died. D liable as he injected the drug

32
Q

What is the general rule of 3rd parties intervening acts?

A

could break the chain if its not foreseeable. Ds act doesn’t need to be sole cause, just not minimal

33
Q

Case for General 3rd parties?

A

Shohid
Wouldn’t let V off train tracks. Guilty because it was foreseeable train would come and kill V

34
Q

What is the medical rule for 3rd parties?

A

only break chain if :
1. Palpably wrong
2. Independent from original act
3. Main cause of death

35
Q

Case where 3rd party medical rule did break chain?

A

Jordan
D stabbed V. Stab wound almost healed and V given antibiotics they were allergic to. D was NG as stab wasnt cause of death

36
Q

Case where 3rd party medical rule didnt break chain?

A

Cheshire
D shot V and got breathing problems from it. Doctors treated it wrong. D still guilty as they caused breathing problems

37
Q

What is rule for 3rd party life support?

A

Turning off life support won’t break the chain if theres no activity in brain stem cells.

38
Q

Case for 3rd party life support?

A

Malcherek and Steel
Ds injured wives and tried arguing the doctors turning off life support broke the chain. They were still guilty and chain not as they put them on life support

39
Q

What is the rule for natural and unpredictable events?

A

If event was not foreseeable it can break chain of causation.

40
Q

Case for unpredictable events?

A

Hart
D left V unconscious on beach below high tide mark and V died from drowning. Guilty as it was forseeable tide would come in

41
Q

When can D be convicted of an attempt?

A
  • if they attempt to commit an offence but don’t carry it through
  • if they attempt an offence but causation isn’t proved
42
Q

What is the case for attempts / preliminary offences?

A

White
D tried to poison mum but she died of a heart attack before he could. Guilty of attempted murder

43
Q

What act is attempts under?

A

s.1 of criminal justice act 1981

44
Q

What is the AR for attempts?

A

the act must be more that merely preparatory (MTMP)

45
Q

What are the cases for Attemps AR

A

Gullefer
stopped dog race because he was loosing bet. NG because he hadn’t tried to get money back yet. Preparatory acts must end and D needs to embark on crime proper

Gedess
D found in school with knife, rope, tape. NG because he hadn’t approached pupil yet. Must have moved from planning to execution of crime

46
Q

What is the MR for attemps?

A

must be direct intention. recklessness not sufficient

47
Q

What is the case for MR of attempts?

A

Whybrow
connected electricity to soap dish and gave wife electric shock. NG as couldn’t prove he has intent to kill, only intent for GBH

48
Q

What is the rule for impossible attempts?

A

D can still be guilty of a crime even if on the true facts of the offence it was impossible

49
Q

What is the case for impossible attempts?

A

Shivpuri
D thought he was smuggling heroin, actually was vegetable matter. Still Guilty as he thought it was actually heroin

50
Q

What are the 6 types of mens rea?

A
  1. intention
  2. recklessness
  3. negligence
  4. transferred malice
  5. coincidence
  6. strict liability
51
Q

What is the test for recklessness?

A
  1. D took an unjustified risk
  2. D was aware of the risk and carried on regardless
52
Q

What is the case for recklessness?

A

Cunningham
ripped gas meter off the wall causing gas leak that killed V. not guilty as he wasn’t aware of the risk

53
Q

What is negligence?

A

Where your actions fall below what is expected of you. (mainly applies to jobs)

54
Q

What is the case for negligence?

A

Adomako
doctor didn’t notice patients oxygen pipe loose. Patient died. D guilty of gross negligence manslaughter

55
Q

What is transferred malice?

A

D has intention to harm one person but accidentally hurts someone else.

56
Q

Case for transferred malice?

A

Mitchell
pushed man. he fell into old woman and she died of injuries. No requirement for act to be against victim

57
Q

Meaning of MR coincidence?

A

MR can coincide with AR if the AR is a continuing act

58
Q

Case for coincidence?

A

Fagan V MPC
D accidentally drove onto POs foot but refused to drive off.

59
Q

What are the 4 levels of MR for murder?

A
  1. DI to kill
  2. DI for GBH
  3. OI to kill
  4. OI for GBH
60
Q

What is the case for Direct Intent (DI)?

A

Adebolajo
Ds desired to kill british soldier because of war in another country. Guilty of murder and had DI to kill

61
Q

What is oblique intent?

A

When D doesn’t desire to kill the V. They desire one thing but something else happens like death.

62
Q

What is the case for oblique intent?

A

Woolin
D threw baby towards pram, missed pram and baby died. Convicted of manslaughter

63
Q

What test did woolin establish?

A
  1. death/ harm was a virtual certainty
  2. D knew death/ harm was a virtual certainty
64
Q

What is strict liability?

A

When D can still be convicted of a crime without having the men’s rea for it

65
Q

What rules do judges use to see if Strict liability can be used?

A

The gammon rules.

66
Q

What are the 5 gammon rules?

A
  1. presumption of MR
  2. wording and context of the act
  3. quasi criminal offences
  4. degree of danger and social concern
  5. detterence
67
Q

Case for the presumption of MR (SL rules) ?

A

Sweet V Parsley
People grew weed in Ds house without her knowing. Conviction quashed as she didn’t have the MR for the offence

68
Q

What is the rule for the wording and context of the act (SL) ?

A

If the offence doesn’t refer to MR they look at other offences set out in the same act. If the other offences do refer to MR then it is a strict liability offence

69
Q

What is the case for wording and context of the act (SL) ?

A

Cundy
D served alcohol to already drunk person as he didn’t think they were drunk. Still guilty

70
Q

What are Quasi offences?

A

minor offences (e.g selling out of date sandwich). more likely to be SL offences

71
Q

What is the Case for Quasi criminal offences?

A

Shah and Shah
shop assistant sold lottery tickets to someone underage. Guilty of SL offence

72
Q

What is the case for danger and social concern (SL)?

A

Gammon
builder didn’t follow building plans properly. buildings collapsed. Guilty of SL offence due to danger to society

73
Q

What is deterrence (SL)?

A

SL will be imposed if it will deter other people from committing the crime. (e.g fining someone so other people know not to do the same)

Law Paper 1 (3 decks)

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