A-level OCR Law Paper 1 Section B General elements of criminal liability (3-18)

Question 1

Actus Reus means and refers too

Answer 1

the guilty act and the doing part of the crime (physical element)

Question 2

Mens Rea means and refers too

Answer 2

the criminal intent and the thinking part of the crime (mental element)

Question 3

D is found guilty of a crime if

Answer 3

their behaviour in commiting the actus reus was voluntary

Question 4

3 types of crimes dpeneding on the nature of the Actus Reus

Answer 4

Conduct Crimes/Consequence Crimes/State of affairs Crimes

Question 5

Conduct Crime brief explanation with example

Answer 5

No consequence is required as the AR is the prohibited conduct itself for example drink-driving

Question 6

Consequence Crimes brief explanation with example

Answer 6

The AR must result in a consequence for example assault causing ABH requires application or threat of force as well as consequence of the ‘actual body harm’

Question 7

State of affairs Crimes brief explanation with example

Answer 7

being there in the prohibited circumstances is enough for AR for example possesing illegal drugs even if not doing anything with them is enough for the AR of the offence

Question 8

Ommision means

Answer 8

a failure to act under a duty to act

Question 9

what duties does parliament create

Answer 9

statutory duties

Question 10

3 examples of statutory duties with act

Answer 10

failing to wear a seatbelt under Road Traffic Act 1988/Failing to muzzle a dangerous dog in public under Dangerous Dogs Act 1991/Neglecting a child under Domestic Violence, Crime and Victims act 2004

Question 11

what duties do judges create

Answer 11

common law duties

Question 12

5 examples of common law duties (CCODS)

Answer 12

Contractual Duties/Creating a Dangerous Situation/Official Position/Duty Undertaken Voluntarily/Special Relationship

Question 13

Contractual Duties brief explanation and case example

Answer 13

duties arisen through contracts of employment e.g Pittwood 1902 where a railway crossing keepers omission of closing the gate formed AR for manslaughter

Question 14

Creating a Dangerous Situation brief explanation and case example

Answer 14

failing to take reasonable steps and creating a dangerous situation e.g Miller 1983 where D had failed to call the fire brigade to deal with a fire and avoided it making him liable

Question 15

Official Position brief explanation and case example

Answer 15

duty in relation to public office e.g Dytham 1979 where a police officer watched V get beaten up failing to perform his duty in a public position

Question 16

Duty Undertaken Voluntarily brief explanation and case example

Answer 16

based on reliance formed from duty being undertaken by choice e.g Stone & Dobinson 1977 where D took in an elderly relative and failed to look after her so were liable for her death

Question 17

Special Relationship brief explanation and case example

Answer 17

refers to matters involving guardian/parent typically e.g Gibbins & Proctor 1918 where a father starved his 7yr old daughter to death and his ommision to feed her formed AR

Question 18

The Chain of Causation refers too

Answer 18

the relation between D’s action and the Consequence for example V’s death was the facutal cause of D’s conduct and it was the legal cause and with no intervening act D is guilty

Question 19

What is Factual Causation

Answer 19

the starting point in establishing the chain of causation where it must be proved that the unlawful consequences would not have happened if not for D’s conduct

Question 20

Case Example of Factual Causation

Answer 20

White 1910 where D was acquitted because although he tried to poison his mother she actually died because of a heart attack so he wasnt the factual cause

Question 21

What is Legal Causation

Answer 21

the establishment/proof that though D might not be the only cause of the consequence but that D’s contribution was more than minimal

Question 22

Case Example of Legal Causation

Answer 22

Benge 1846 where D substantialy caused a death during work on a train track as he could have prevented it if he had warned an approaching train driver even if the negligence of others played a part

Question 23

What are intervening acts

Answer 23

acts that break the chain of causation preventing D from being liable for the end result even if Ds conduct was factual

Question 24

3 instances that may break a chain of causation

Answer 24

An unforseeable act of nature (natural disaster)/The unforseeable act of a third party/V’s own subsequent conduct

Question 25

effect of V’s own conduct on breaking the chain of causation

Answer 25

whether or not V’s conduct was within a range of responses that could be regarded as reasonable in the circumstances

Question 26

2 Case examples of the effect of Vicitms own conduct on breaking the chain of causation comparison

Answer 26

Roberts 1971 where V’s reaction to jump from a moving car was reasonably foreseeable when D made sexual advances./Williams 1992 where V’s reaction jump from a moving car was not reasonably forseeable as it was to allegedly avoid the theft of his wallet

Question 27

Effect of Medical treatment on breaking the chain of causation

Answer 27

it is unlikely to break the chain even if negligent unless it is so independent of D’s conduct and inherent in the causation of V’s death.

Question 28

case example of Medical treatments effect on the chain of causation

Answer 28

Smith 1959 where after being stabbed in a fight by D, V was dropped twice on the way to the treatment centre and left untreated and whilst recognised as a conribution the stab wound was still operating so D was guilty of murder

Question 29

4 rungs of the Mens Rea Ladder (RINS)

Answer 29

Recklessness/Intention/Negligence/Strict Liability

Question 30

Intentions key points and effect on Mens Rea with brief explanation

Answer 30

Intention is judged subjectively and is the highest form of MR with the 2 types of intention being Direct and Indirect with Direct referring to where the result is D’s aim/purpose and Indirect referring to where the result isn’t D’s aim/purpose but D realises the result was ‘virtually certain’ to occur from their actions

Question 31

case example of direct and indirect intention

Answer 31

Mohan D had driven his car at a police officer with intention to hurt him Woolin D threw his baby son across the room arguing he aimed towards the pram and not intended to kill him

Question 32

Recklessness is

Answer 32

Recklessness is a lower level of MR and is only considered when D does not have intention and to prove that D is reckless it must be shown that D is aware of a risk of the consequences but continues anyways

Question 33

case example of recklessness

Answer 33

R V G 2003 where defendants aged 11 and 13 had not realised the danger of the fire spreading uncontrollably to a nearby supermarket so it was only fair to judge the boys against the risks they had foreseen

Question 34

Negligence is

Answer 34

where a person fails to meet the standard of the reasonable person and is objective as D does not have to realise this

Question 35

case example of negligence

Answer 35

Adomako 1994 where anaesthetist was liable for gross negligence manslaughter as it took him several minutes to notice a breathing tube had become disconneceted during an operation as a resonable anaesthetist would have notice within a couple seconds

Question 36

Strict liability key points and effect on Mens Rea with brief explanation

Answer 36

Strict liability offences are the ony exception to the general rule that both AR and MR are required for criminal liability and typically concern road traffic offences or breaches of health and safety legislation but can include issues of social concern also known as ‘no fault’ offences

Question 37

case example of Strict liability

Answer 37

Callow v Tillstone 1900 a butcher was convicted of selling contaminated meat even though it had been certified as fit for human consumption by a vet so D was guilty because it was a strict liability offence.

Question 38

Transferred malice explained

Answer 38

D can be guilty of he or she intended to commit a crime against A but instead commits the crime against Vso the MR can be transferred from A to V

Question 39

case example of Transferred Malice

Answer 39

Latimer 1886 D aimed a blow with a belt at a man but it bounced of and hit a woman in the face so D was gulity of an assult against the woman even though he had not intention of hitting her applying the principle of transferred malice

Question 40

Why could Transferred Malice not work with case example

Answer 40

if the eventual crime commited is different to the one intended Pembliton 1874 D threw a stone at V but missed and smashed a window

Question 41

Explain a continuing act

Answer 41

where ther is an inital AR and provided at some point whilst it is occurring D forms the MR then the AR and MR are said to coincide

Question 42

case example of continuing act

Answer 42

Fagan 1986 D drove onto a police offers foot by mistake and whe D realised what he had done he refused to move the car and fromed the MR and the AR was treated as a continuing act