basic elements Flashcards
what is the method for completing a basic elements scenario
1- read the scenario
2- identify the actus Reus
3- identify the men’s rea ( direct intention, indirect intention, recklessness, negligence)
4- causation (factual and legal)
5- intervening acts ( 3rd party, victim, medical, god)
6- thin scull test
7- transfer of malice
8- single transaction theory
9- conclusion
what are the 4 types of mens rea
direct intention
indirect intention
recklessness
negligence
what is direct intention
where the defendant had clear foresight of the consequences of the action and specifically wanted that consequence
what is indirect intention + case
where the defendant may not completely desire the consequence of there action e.g. death but there is virtual certainty of it happening
r v Nedrick 1986- created this idea of indirect intention
r v Woolin solidified this idea
what is recklessness + case
when the defendant has taken an unjustified risk, looks at weather the risk was in the defendants mind at the time.
r v g and others - boys setting fire to co op
what is negligence + case
falling below the standard of the ordinary reasonable person
donague v Stevenson
what are the 2 types of causation
factual and legal
what is factual causation + case
uses the but for test
- but for the actions of the indiviaduyals would the outcome be the same
- if the defendant didnt do what they did would the out come be the same
- also looks at whether the original injury still caused the death
r v white - man poisoning mother but she had a heart attack first
what is legal causation + case
has multiple parts
- mainly that the injury the defendant did must be the operating and substantial cause of death
- r v Jordan - defendant was stabbed, while at the hospital the victim was given a drug he was allergic to and died, the defendant was not liable for murder
- also looks at the thin skull rue and intervening acts
what is an intervening act
when the action of someone else not related to the defendant break the chain of causation
what are the 3 types of intervening acts
act of victim
act of 3rd party
act of medical negligence
what is a case example of act of a victim intervening act
r v Roberts - gal was being assaulted in car so she jumped out
case for medical negligence intervening act
r v Jordan
case for act of 3rd party intervening act
r v padgett - man took gf hostage the police accidentally shot the gf
what is te thijn skull test + case
defendant must take thee victim as they find them, if the victim dies from some physical condition the defendant did not know about there still liable for it.
r v blaue - woman was a jahovah witness and reforced a blood transfusion
