criminal law

Question 1

what is criminal law

Answer 1

wrong doing against an individual,society and the state

Question 2

how are crimes defined

Answer 2

act of parliament or by the way of cases are stated

d conduct must match the definition

Question 3

what is Actus Reus

Answer 3

Action ( of comminting the act)

Question 4

what is the mens rea?

Answer 4

the thinking or intention

Question 5

who is the burden of proof on

Answer 5

the claimant have to prove the d

Question 6

what is the standard of proof

Answer 6

beyond reasonable doubt

Question 7

What is the Actus Reas

Answer 7

it is the postive voluntary act (Hill v Baxter)

no liability no act

Question 8

what are the liabilities by ommisions

Answer 8

statutory 
contractual
relationship 
voluntary 
official postion
chain of events

Question 9

what is contractual

Answer 9

Pittwood

railway keeper =guilty of manslaughter

Question 10

what is public postion

Answer 10

R v Dytham

misconduct in public office

Question 11

what is chain of events

Answer 11

R v Miller

convicted of arson

Question 12

what is volunatry assumed duty of care

Answer 12

R v Evans ( heroin)

R v Dobinsinson (eating disorder)

Question 13

what is statutory duty

Answer 13

offence of neglect

Question 14

what is relationship

Answer 14

R v Gibbons and Proctor

daughter starved

Question 15

what is causation

Answer 15

prosectution must prove that d conduct was factual and legal cause of consequence

Question 16

Factual Causation

Answer 16

“But For”
the d acts would the consequences occur
r v white (posion mum)
r v pagett (shootout )

Question 17

legal causation

Answer 17

operating + substantive cause
may be more than one act that contributes to consequence
r v kimsey

Question 18

Thin skull rule

Answer 18

take your victim as you find them.

R v Blaue

Question 19

What is the case of R v Blaue

Answer 19

thin skull rule ( didnt accept blood transfusion )

Question 20

Intervening acts

Answer 20

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 )

Question 21

R v Cheshire
R v Malcherek
are cases for what

Answer 21

Interventing acts

Question 22

what is victim own act case

Answer 22

R v Roberts (jumped out car) = didnt reasonbly foresee

R v Marjom (hotel jumped) reasonably foreseeable

Question 23

what case breaks the chain for victim own act

Answer 23

William ( jumped out for wallet)

there was no threat

Question 24

Direct intention

Answer 24

Woollin

Question 25

oblique or indirect intention

Answer 25

consequence was not the aim of d

hancook v shankland

Question 26

Moloney what happened

Answer 26

it creates precedent

it was an oblique intent as they were drunk and accidently shot his dad

Question 27

3 levels of mens rea?

Answer 27

direct
oblique
recklesss

Question 28

what is recklessness

Answer 28

d knows that there is a risk of consequences occur but still take the risk

Question 29

cases for recklessness

Answer 29

caldwell

cunningham

Question 30

transferred malice

Answer 30

is when the mens rea is transferred from intended victim to actual

Question 31

cases for transferred malice

Answer 31

pembliton (object-object)
latimer
mitchell (old man falls)

Question 32

coinsidence of ar + mr

Answer 32

when the ar and the mr must be present

fagan v mpc (drove on foot )

Question 33

Strict liability

Answer 33

mens rea is not required
actus reas is voluntary

pharmaeustical society of great brittan