criminal law Flashcards
what is criminal law
wrong doing against an individual,society and the state
how are crimes defined
act of parliament or by the way of cases are stated
d conduct must match the definition
what is Actus Reus
Action ( of comminting the act)
what is the mens rea?
the thinking or intention
who is the burden of proof on
the claimant have to prove the d
what is the standard of proof
beyond reasonable doubt
What is the Actus Reas
it is the postive voluntary act (Hill v Baxter)
no liability no act
what are the liabilities by ommisions
statutory contractual relationship voluntary official postion chain of events
what is contractual
Pittwood
railway keeper =guilty of manslaughter
what is public postion
R v Dytham
misconduct in public office
what is chain of events
R v Miller
convicted of arson
what is volunatry assumed duty of care
R v Evans ( heroin)
R v Dobinsinson (eating disorder)
what is statutory duty
offence of neglect
what is relationship
R v Gibbons and Proctor
daughter starved
what is causation
prosectution must prove that d conduct was factual and legal cause of consequence
Factual Causation
“But For”
the d acts would the consequences occur
r v white (posion mum)
r v pagett (shootout )
legal causation
operating + substantive cause
may be more than one act that contributes to consequence
r v kimsey
Thin skull rule
take your victim as you find them.
R v Blaue
What is the case of R v Blaue
thin skull rule ( didnt accept blood transfusion )
Intervening acts
there must be a direct link between d act and the consequence
- act of third party
- victims own act
R v jordan (allergic but carried on giving tabs )
R v Cheshire
R v Malcherek
are cases for what
Interventing acts
what is victim own act case
R v Roberts (jumped out car) = didnt reasonbly foresee
R v Marjom (hotel jumped) reasonably foreseeable
what case breaks the chain for victim own act
William ( jumped out for wallet)
there was no threat
Direct intention
Woollin
oblique or indirect intention
consequence was not the aim of d
hancook v shankland
Moloney what happened
it creates precedent
it was an oblique intent as they were drunk and accidently shot his dad
3 levels of mens rea?
direct
oblique
recklesss
what is recklessness
d knows that there is a risk of consequences occur but still take the risk
cases for recklessness
caldwell
cunningham
transferred malice
is when the mens rea is transferred from intended victim to actual
cases for transferred malice
pembliton (object-object)
latimer
mitchell (old man falls)
coinsidence of ar + mr
when the ar and the mr must be present
fagan v mpc (drove on foot )
Strict liability
mens rea is not required
actus reas is voluntary
pharmaeustical society of great brittan
