Basics

Question 1

Why is a car crash due to a heart attack not a criminal act?

Answer 1

Due to the requirement of VOLUNTARINESS OF ACTION as a conduct element in crim liability.
In this case D did not chose to have a heart attack

Question 2

What is a state of AUTOMATISM?

Answer 2

Where D has NO CONTROL over what they doing

Question 3

What are the 3 exceptions to the usual rule that ARs require an act?

Answer 3

1. Situational Crimes
2. Crimes of possession
3. Crimes of omission

Question 4

What is a statutory crime of omission?

Answer 4

Failure to act as the law requires.

- ie not wearing a seat belt or not filing a tax return

Question 5

What is situational liability?

Answer 5

Being in a prohibited situation

Prob: no wrongdoing required - could be holding a taser believed to be a torch

Question 6

What is the problem with crimes of possession?

Answer 6

No requirement to be voluntarily in possession - inconsistent with the act requirement

Question 7

What is a conduct crime?

Answer 7

• Does not require proof of harm
• Only requires some proof of wrongful conduct
• ie dangerous driving

Question 8

What is a result crime?

Answer 8

• Requires wrongful conduct
• Requires harm
• ie. death by dangerous driving

Question 9

What are the terms: “assignable”, “attributal”, “proximate”, “blamable” and “imputable” all legal synonyms for?

Answer 9

Causation - “causing”

Question 10

In what case did a soldier get in a fight in a barracks and stabbed another soldier who subsequently died after being dropped by medics?

Answer 10

SMITH 1959

• Treatment was also wrong as failed to diagnose that lung was punctured.
• Lost appeal that medical treatment caused death.

Question 11

What is the “Eggshell Skull Rule”?

Answer 11

D’s causal responsibility for resultant harm is not deflected if V has a condition which renders them esp likely to suffer injury or die

Question 12

What is the name for an act or event that breaks the causal connection between a wrong or crime committed by the defendant and subsequent happenings?

Answer 12

Novus actus interveniens

Question 13

What is a good source of whether D’s act killed V?

Answer 13

The cause of death in the autopsy report

Question 14

In what case was D cleared of murdering V who he had stabbed but subsequently died of pneumonia?

Answer 14

JORDAN 1956

• in hospital V given antibiotics despite showing allergic reaction to them
• Died of pneumonia 8 days later
• Was showing signs of recovery of original wounds at time of death

Question 15

What is a crime of basic intent?

Answer 15

Where D does not have to have foreseen any consequence, or harm, beyond that laid down in the definition of the AR.

Question 16

What is the MR in a crime of basic intent?

Answer 16

Intention or Recklessness and does not exceed the AR

Question 17

What was the legal significance of HYAM 1975

Answer 17

Someone who courts the risk of a consequence occurring is as blameworthy as a person who intends a consequence

Question 18

What was the consequence of WOOLLIN 1999

Answer 18

Where charge is murder and in the rare cases where the simple direction [intent to kill or cause GBH] is not enough, the jury should be directed that they are not entitled to find the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty

Question 19

Should motive be taken into account in deciding if intention is present or not?

Answer 19

No

Question 20

What does Woollin suggest about foresight of anything which is less than a virtual certainty?

Answer 20

Cannot be INTENTION but can only be RECKLESSNESS

Question 21

What is Duff’s test on intention?

Answer 21

Whether actor would consider his actions as a failure if “if the consequence did not result.”