Criminal Law Flashcards
Actus reus
Physical element of a crime; the actual conduct of the crime: can be an act, omission or state of affairs
What is criminal law?
Crimes against the state that impact society, not just an individual
Who is involved in a criminal law case?
Prosecutor v defendant
What are common punishments for breaking criminal law?
- Imprisonment
- Prosecution
- Fines
- Community Service
What are examples of criminal law?
- Drunk driving
- Murder
- Theft
Where are criminal law cases dealt with?
- Crown court (Jury)
- Magistrate court
Degree of certainty required for a Criminal law case?
Beyond reasonable doubt
Mens Reus
Guilty mind
Criminal intent
What is needed for Actus Reus
A voluntary act
5 Types of omissions
- Duty arising from contract
- Duty arising from statute
- Duty arising from conduct
- Voluntary assumption of duty
- Public duty
What is voluntary assumption of duty?
- when someone voluntarily takes responsibility for another person, he or she also assumes the positive duty to act for the general welfare of the person
Public Duty
A person in a public office may be under a duty to care for others e.g social workers
Duty arising from conduct
A person who is aware he or she has done something endangering another’s life or property and does nothing to prevent the harm occurring may be criminally liable - R V Miller
Duty arising from contract
Failure to perform a contractual obligation endangers life - R V Pittwood
Causation
Prosecution must prove death or injury of victim was caused by defendants act
Both factual and legal cause
Factual Causation
But for test
R V White
Original injury from defendants conduct must be more than minimal cause of death
Legal Causation
- Original injury operative cause of death R V Smith, R V Cheshire
- Intervening act reasonably forseeable R V Pagett, R V Corbett, R V Muhammad
- Thin Skull Test R V Blaue
Thin skull test
Take your victim as you find them
Direct intention
Defendants aim, purpose or objective to achieve unlawful result
Indirect intent
Oblique intent
Nedrick test - did defendant appreciate death or GBH was a virtual consequence of his/her action
Transferred malice
A shoots b with intention to kill, happens to miss and shoot c a liable for murder of c, malice is transferred
Mens Rea can only be transferred if for the same crime
Coincidence of acts reus and mens Rea
Actus reus may be continuous act, mens rea happens during that act
