Core principles Flashcards
What are generally the three elements of a crime?
- actus reus
- mens rea
- absence of a valid defence
What are the types of actus reus?
- conduct
- result: caused specific consequence
- circumstances: need for particular circumstances
- omissions
Which crimes will require causation?
Result crimes
What are the two elements of causation?
- factual causation
- legal causation
What is the test for factual causation?
But for test
Where a person is likely to die anyway, could an act of harm be factual causation?
any action which accelerates death is a cause
What are the keyp principles for legal causation?
- more than minimal
- caused by culpable act
- need not be only cause
What is a novus actus interveniens?
subsequent event that breaks the chain of causation
What are the types of novus actus interveniens?
Medical negligence
Acts of a third party
Acts of the victim
Thin skull rule
Natural events
In what circumstances may the court break the chain of causation for medical negligence?
Rarely - so independent and overwhelming compared to original harm
In what circumstances may the court break the chain of causation for acts of a third party?
actions of third party were ‘free, deliberate and informed’
In what circumstances may the court break the chain of causation for acts of the victim?
Fight and flight - if foreseeable by reasonable person/proportionate
Refusing medical treatment - take victim as you find them/injuries still operating and significant cause
Suicide -
- injuries healed
- victim made voluntary and informed decision
What is the think skull rule?
Can’t escape liability if someone with pre-existing infirmity suffers greater harm than would have been expected
When might natural events break the chain of causation?
extraordinary and not reasonably foreseeable
To secure conviction for a failure to act, what must the prosecution prove?
- Crime capable of being committed by omission
- Legal duty
- Breach of duty
- Causing the actus reus of the offence
- Mens rea (if required)
What are the common situations where a defendant will be under a legal duty to act?
Statutory duty
Special relationship
Voluntary assumption
Contractual
Creation of a dangerous situation
Public office
What are examples of special relationships where there is a legal duty to act?
- doctor and patient
- parent and child
- spouse
What must happen to prevent committing an offence when someone creates a dangerous chain of events?
take reasonable steps to counteract
How does causation work for omissions?
Cannot cause by omission but can fail to uncause where there is a duty to
What are the types of intention?
Direct intention – aim or purpose of act
Indirect/oblique intention – D does something dangerous/someone harmed but not primary aim of D
What is recklessness?
Unjustifiable risk and aware of danger that may occur
How will the jury decide whether a risk is unjustifiable for recklessness?
Social utility
What does knowledge and belief mean?
Absolutely certain or at least possibly aware
When can oblique intention be used?
Where facts require it and intention is the only mens rea
What is coincidence?
Must have mens rea at precise moment when committing actus reus
How have the courts developed a flexible interpretation of coincidence?
- continuing act theory
- one transaction principle
What is continuing act theory?
mens rea formed at some point during actus reus continuing
What is the one transaction principle?
actions as a series of acts making up one transaction – enough to have mens rea at some time
What is transferred malice?
Mens rea transferred from intended harm to actual harm
What is the limit of transferred malice?
Mens rea must be for same type of crime charged
Can someone avoid liability if they are ignorant of the law?
No
When will a mistake that negates mens rea need to be reasonable?
Where MR is intention/recklessness = no
Where MR is negligence = yes
What are the four common defences?
Intoxication
Consent
Self-defence
Mistake
Can consent be a defence to assault or battery?
if V consented or D honestly believed V consented
Can consent be a defence to ABH or above?
No unless public interest exceptions apply
What is the test for whether there is a defence for involuntary intoxication?
whether D formed mens rea even though intoxicated
What is the test for whether there is a defence for voluntary intoxication?
where basic intent, deemed reckless if would have foresaw risk of harm if they were sober
What can self defence be used for protection of?
Yourself, another or property
What is the defence of self defence?
- D honestly believed that use of force was necessary and
- Level of force was objectively reasonable in circumstances as D believed them to be
