Criminal Law Flashcards
Causation - factual causation
But for test - but for the d action V would not have died
Legal causation
Must arise from D’s cupbable act (no intervening acts) - must also be substantial and operating
When will a interning act break the chain of causation?
- Act of third party - will break chain of causation unless foreseeable
- Act of God - will break chain of causation unless foreseeable
- Act of victim - will not break chain of causation unless disportionate or unreasonable
- Act of medical negligence - will only break the chain if it is so potent that it renders the original injury as party of the patient history or makes defendant contribution insignificant
Men’s rea - 4 types
- Direct intention - D aims or purpose to bring a result
- Oblique intention - D doesn’t aim to bring a result but it is a virtually certain result from his action and he knows it is.
- Recklessness - unjustifiable risk taking - d is aware of the risk and unreasonable in taking the risk
- Negligence - fails to meet the reasonable standard of care
AR and MR must happen at the same time - what are the exceptions
- Transferred malice - can only be transferred if its the same offence. So intention to steal can’t be used in murder act.
- Continuing act
- Series of acts - D had the mens rea at some point
- Strict liability - no men’s rea needed.
Joint enterprise - What is the difference between joint principle offenders and secondary offender?
Joint principle offender - is a secondary party that has equally committed the substantive offence by having the committed the AR and MR
Secondary offender - does not commit the substantive offence but assist or encourage the offence to take place
What is innocent agent?
Someone who commits an offence on the direction of another but cannot be convicted as they did not have a MR.
In some circumstances the innocent agent AR can be placed on the principle offender MR for them to be convicted.
How do you establish liability of accomplice?
- Principle offender must commit the offence.
- The assessory must aid, abet, counsel or precure the commission of the principle offence.
- The assessory must have knowledge of the essential matters of the principle offence
- The assessory must intend to assist, abet, counsel or precure the principle offence to be committed - must match the intention of the particular offence.
Will be punished as the principle offender
How can an accomplice withdraw?
Withdrawal must be communicated, and unequivocal disengagement.
Must persuade the principle to stop rather than simply leave
Must withdraw before or on the commission of offence.
The greater the level of assistance, the greater level of withdrawal needed
Joint enterprise - what is an ‘overwhelming supervening event’?
When the principle acts in such a manner that ‘nobody in the defendant shoes would have been able to foresee it happening that it renders the d’s acts as history’ - D would therefore not be liable for the offence.
This can’t be a mere escalation of events
What is an inchoate offence?
An attempt of an offence - which is more than merely preparatory
What are the elements needed for attempt?
- The offence can be attempted. I.e. indictable, either way that is indictable.
- D commits the attempt by act not omission
- The act is considered as more than merely preparatory
- D must have intended to commit the full offence - remember for murder and arson the intention for attempt must be intention to kill or intention to cause damage or destruction by fire.
Brevity explain how intoxication can be used a defence?
Intoxication is a partial defence
Voluntary intoxication + specific intent = defence as long as men’s rea is not there
Voluntary intoxication + basic intent offence + dangerous drugs (includes alcohol)= D is liable
Voluntary intoxication + basic intent offence + non dangerous drugs = D is guilty if he is reckless in taking the drug
Involuntary intoxication + any offence = defence as long as men’s rea is not there (not enough if you were still going to do it and the alcohol just gave you encouragement)
Breifly explain self defence elements
Self defence is a general defence
The use of force by D was necessary in the circumstance D believed them to be?
The use of force was reasonable in all the circumstance D believed them to be? - objective test on facts of the crime.
What is the elements of general homeowner defence?
- D must of been an house holder
- Self defence must be used in the partly or while in the dwelling
- D believed the V was a trespasser
- D believed that force was necessary in all the circumstances
- D force was not grossly disportioncate
Elements of murder (5)
- There must be a killing of a person
- Killing must be unlawful
- Defendant must have caused death
- Killing takes place at a time of peace
- Intention to kill or cause GBH
Elements of voluntary manslaughter - loss of control?
- D acts or omission of being a party of to the killing was a result of loss of control.
- The loss of control had a qualifying trigger
A. Fear of serious violence
B. Anger trigger - from something said that was extremely of grave behaviour or the sense of being seriously wrong - Anyone in D’s sex and age who had normal self control and restraint would have acted the same in those circumstances
What are the elements of voluntary manslaughter - diminished responsibility?
- D must suffer from an abnormality of mental functioning
- The abnormality must arise from a recognised medical condition
- The abnormality must cause a substantial impairment
- The abnormality provides explanation for the killing
Name the elements of involuntary act manslaughter?
- D must intentionally do an act
- The act must be unlawful - not one of negligence or strict liability
- The act is objectively dangerous
- The act has in fact and law caused death.
Involuntary manslaughter (Gross negligence manslaughter)?
- D owes the victim a duty of care
- D breach that duty of care
- The breach involves a serious and obvious risk of death that was reasonably foreseeable
- The breach of duty causes death
- D conduct can be characterised as grossly negligent.
Elements of assault.
- D must cause another person to apprehend harm
- The apprehension must be immediate harm
- The apprehension must be of unlawful personally violence
- D must intend or be reckless as to cause another person to apprehend and unlawful violence
Battery elements
- D applies force
- Force must be of unlawful violence
- D must intend or be reckless as to the application of unlawful force
Elements of ABH s47
- D must commit an assault or batter
- The assault or battery must be occasioning harm - the act (assault or battery) bring the actual boldly harm
- The harm must amount to Actual body harm - more than trifling but less the GBH - this also include physiatric harm
Element of s20 GBH
- D must unlawfully wound or inflict GBH
- D must intend or be reckless to cause some harm
