Criminal Law Flashcards
Actus Reus
Guilty act; An act, omission or state of affairs that is prohibited
Mens Rea
Guilty mind; the mental or fault element of a crime
Conduct crimes
Offences where act itself is prohibited EG. DUI
Consequence crimes
Must have a consequence alongside original action in order for a crime to have been committed
State of affairs
An act of being Eg R v Larsonner (1993)
6 omissions
Statutory Duty (Airedale Trust v Bland), Contractual Duty (R v Pitwood), Relationship (R v Gibbins & Procter), Voluntary Duty (R v Stone & Dobbinson), Official Position (R v Dytham) and D caused events.
Factual cause
D can only be guilty if the consequence wouldn’t have happened ‘But for’ D’s conduct (R v Pagett)
Legal cause
D’s conduct need not be the substantial cause (R v Kimsey)
Thin-skull rule
D must take V as they find them despite any illness that could have enhanced injuries (R v Blaue)
Intervening acts
Must be directly linked to D’s conduct, sometimes something else happens after D’s conduct that furthers the act (R v Smith and R v Cheshire)
Medical treatment
Sufficiently independent acts will break chain of causation (R v Jordan)
Victims own acts
D causes V to react in a foreseeable way then any injury to V will be considered to have been caused by D (R v Malcherek and R v Kennedy)
No MR fault in these circumstances
Children under 10, involuntary acts, lack of required MR and legally recognised defence
Direct intent
When someone has the intention to use unlawful force on another
Foresight of consequences
When D’s main aim was not prohibited consequence but in achieving the aim they realised or foresaw that they would cause those consequences
Subjective recklessness
The Defendant knows there is a risk of the consequences happening but acts regardless (R v Cunningham)
Negligence
D may be found guilty if they did not act as a reasonable men would’ve in those circumstances (R v Adomako)
Strict liability offences
Where no MR is required for at least one part of AR (Callow v Tillstone etc.)
Transferred Malice
Where D intends to commit an offence against one person but it affects a different V (R v Latimer)
Continuing act
Where AR takes place without an initial MR but then during the act the MR is informed, an offence has taken place (DPP v Fagan)
Assault definition
An which causes the Victim to apprehend the infliction of immediate unlawful force with either intention to cause another to fear immediate unlawful force personal violence or recklessness as to whether such fear is caused in S.39 of the Criminal Justice Act 1988
Mens rea of assault
- An intention to cause another to fear immediate unlawful violence, or
- Subjective recklessness as to whether such fear is caused
Assault classed as an offence of basic intent
Assault recklessness
- Intend to cause V to fear force (Apprehend unlawful force)
- Subjectivity recklessness - knowing risk and proceeding regardless
- Knowing risk of V being scared and doing it anyway
Battery definition
The application of unlawful force to another person either intending to apply unlawful force or being reckless as to whether such force is applied under S.38 of The Criminal Justice Act 1988
