Core princiapls Flashcards
What is Criminal Liability?
Actus Reus + Mens Rea + absence of a valid defence
What are 4 types of Actus reus?
1) Conduct eg appropriates property
2) Circumstances eg belonging to another
3) Result offences- it must be proved that for example the killing was done by the defendents
4) Omission- a personal cannot be criminally liable for a failure to act.
(however there are sometimes where people have a duty to act, eg a statutory duty)
What is factual causation?
The ‘but for’ test from the White case- but for the defendants actions, would the hard to the victim have occurred
What is legal causation
From the Pagett case- was the defendants actions the operating and substantial cause of the the harm to the victim? (substantial defined in the case of Hughes- requiring the defendants actions to be more than de minimis (more than minimal))
What is the chain of causation
The defendants actions will not be liable if there is a break in the chain of causation such as medical negligence, acts of a third party, acts of a victim.
Explain medical negligence in the case of breaking the chain of causation
Medical negligence will likely not break the chain of causation unless the original wound is merely part of the history (smith)
Or
The medical treatment is so independent from the defendants acts, and so potent in causing death that the defendands act are so insignificant (Chesire)
Explain how acts of a third party will break the chain of causation?
Acts of a third party will only break the chain of causation if they are: free, deliberate and informed (Pagett)
Explain how acts of the victim will break the chain of causation?
They will break the chain of causation if they were not foreseeable by the reasonable person and not within the range of reasonable responses from the victim, baring in mind any characteristics of the victim visable to the reasonble person.
Roberts/William and Davies cases
If the victim refuses medical treatment that does not break the chain of causation (holland)
Suicide does not necessarily break the chain of causation either.
Thin skull rule (hayward) applies if the victim has condition that makes the defendants attack more severe than one might suspect- does not break chain of causation
What are the components of mens rea
Intention (direct (moloney) Oblique (woollin- was death a virtual certainty, did the defendant appreciate this?))
Recklessness- does not intend to cause harm, but sees a risk of harm and goes ahead anyway.
Transferred Malice- mens rea for the intended harm and be transferred to the actual harm that is caused as long as the mens rea for the offences are the same.
Intoxication should always be considered
What is an absolute liability offence?
These offences to not require mens rea to be proven- only Actus Reus and lack of a valid defence need to be proven.
What is a Strict Liability offence?
These do not require proof of the mens rea for at least one aspect of the actus reus- prosecution do not have to prove they had intention.
What is the coincidence of AR and MR?
That the Actus Reus and Mens rea must occur at the same time- the courts have interpreted widely with the Continuing Act theory, as long as mens rea occurs whilst actus reus is taking place that will be enough.
