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
