Criminal Law

Question 1

Case for voluntary and involuntary acts

Answer 1

Hill v Baxter

Question 2

General rule of actus reus

Answer 2

The act or omission must be voluntary on the part of the defendant.

Question 3

How is Actus Reus proven in a criminal case?

Answer 3

Has to be done voluntarily - evidence, past cases, intention, show of remorse. Look for any patterns of behavior. Things like DNA evidence can be presented by a forensic scientist as an expert witness.

Question 4

Three types of actus reus

Answer 4

Conduct Crimes
Consequence Crimes
Circumstance Crimes

Question 5

Conduct Crimes - what are they, with examples

Answer 5

Explanation:
These are crimes where the actus reus - the guilty action required - is the prohibited conduct itself

Example:
S.170 Road Traffic Act 1988 - is a criminal offence to not stop at the scene of an accident. Merely driving away from an accident you caused is an offence.

Question 6

Consequence Crimes - what are they, with examples

Answer 6

Explanation:
These are crimes where the actus reus must also result in a consequence before it can be a crime.

Example:
S.47 Offences Against the Person Act 1861
There must be an application or threat of unlawful force which results in ‘actual bodily harm’ - an injury must occur to V. Without the injury there can be no crime.

Question 7

Circumstance Crimes - what are they, with examples

Answer 7

Explanation:
These are crimes where the actus reus exists when a ‘state of affairs’ exists - meaning a particular set of circumstances. These usually involve ‘being’ something rather than ‘doing’ e.g. Being in public with a weapon

R v Larsonneur (1933)
Larsonneur was deported from the UK and went to Ireland
She was deported from Ireland and forced to return to UK
She was then arrested and charged with breaching the Aliens Order 1920 for “being an alien to whom leave to land in the United Kingdom has been refused was found in the United Kingdom,”

Question 8

Three elements of mens rea

Answer 8

Intention
Recklessness
Negligence

Question 9

Case Law for intention

Answer 9

Mohan
S.8 Criminal Justice Act

Question 10

Two types of intention

Answer 10

Direct intention
Oblique intention

Question 11

What is direct intention?

Answer 11

When the D aims to do something and directly commits it - get what they want.

Question 12

What is oblique intention?

Answer 12

When the D wants a desired result, but knows that another, separate consequence will happen. They may not desire that consequence, but are aware it is inevitable.

Question 13

Examples of oblique intention

Answer 13

Nedrick - letterbox, fire, child
Woollin - baby, pram

Question 14

Definition of recklessness with an example

Answer 14

Recklessness is where the defendant knows there is a risk of the consequence happening but takes the risk anyways

Example - R v R and G

Question 15

Example of subjective recklessness case

Answer 15

R v Cunningham - gas meter, mother in law next door

Question 16

Other cases of recklessness

Answer 16

Spratt - shot airgun out of window, hit someone in court
Stephenson - schizophrenic, set fire to haystack
Elliot v C - shed fire

Question 17

What is negligence?

Answer 17

A person becomes negligent when they fail to meet the standards of the reasonable man. This makes it an objective test.

Question 18

Example of negligence

Answer 18

Adomako - oxygen tube

Question 19

Definition of transferred malice

Answer 19

When the mens rea is transferred

Question 20

Examples of transferred malice

Answer 20

Latimer - pub, belt, hit woman instead
Gnango - Gang violence, shot at person who he thought was rival, in the midst of it shot a innocent woman

Question 21

Example of when transferred malice can not be transferred

Answer 21

Can’t be transferred from one offence to the other - Pembliton

Question 22

Evaluation of Non-Fatal Offences

Answer 22

Victorian Act of Parliament - modern issues - Psychological harm (Ireland), HIV/AIDS (Dica) - case law helped adapt

Outdated Language - assault, common assault, common assault and battery used interchangeably - maliciously - Cunningham - says includes recklessness - case law and Charging Standard helped

Sentencing Issues - does not conform to the Ladder Principle (proportionate charge for crime) - Assault and battery have same sentence of 6 months - jumps to 5 years for ABH even though mens rea is the same - judges can use discretion to fit the crime.

Structure of the Offences is Inconsistent - Does not support the Principle of Fault (should only be liable for the harm dealt) - Mens rea of assault and battery are same as ABH, mens rea of s.20 gbh is same as abh actus reus - provides justice for victims where harm was more than D foresaw

Question 23

Definition of Murder

Answer 23

Causing the unlawful death of a human being under the King’s peace with malice aforethought.

Question 24

Actus reus elements of murder

Answer 24

Causing
Unlawful Death
Of a Human Being
Under the King’s Peace

Question 25

Mens rea element of murder

Answer 25

Malice aforethought Means intention to kill OR intention to commit GBH. Does not need ill-will or malevolence and does not need to be pre-planned.

Question 26

Causing

Answer 26

Usual rules of Causation Factual cause - R v White Legal Cause - R v Kimsey No new intervening acts - (Jordan, Kennedy, Roberts, Malcherek etc.)

Question 27

Unlawful Death - define with cases - when can it be lawful?

Answer 27

In some situations death is lawful, but only if it is self defense, necessity, or a doctor withdrawing treatment NHS Airedale Trust v Bland - vegetative - doctor Re A (Conjoined Twins) - necessity R v Clegg - soldier at base

Question 28

Of a Human Being - define and give cases

Answer 28

Life starts when you are born, and ends when you are classed as 'brain stem dead'. AG's Ref (No.3 of 1994) - stabbed pregnant girlfriend Malcherek - turned off life support when they were 'brain stem dead' Inglis - brain damage - mother killed him

Question 29

Under the Kings Peace - no cases available so just define

Answer 29

Refers to death outside of wartime. Soldier is still guilty of murder if it is in barracks - only allowed if it is a mission/contract.

Question 30

Malice Aforethought - definition and cases - intention to kill and intention to commit GBH difference.

Answer 30

Does not require ill-will or malevolence and does not need to be pre-planned. Intent to kill is called 'express malice' Mohan Woollin oblique intention Intention to commit GBH is called 'implied malice' Vickers Cunningham - confirmed Vickers is good law.

Question 31

What are the 6 times there will be a duty to act? - Omissions

Answer 31

Statutory Duty to Act - S.7(6) Road Traffic Act Contractual Duty to Act - Pittwood Duty due to an Official Position - Dytham Duty due to a Special Relationship - Downes Voluntary Assumption of a Duty - Instan Duty due to the Creation of a Dangerous Situation (Chain of Events) - Miller