Criminal Law Flashcards
Elements of conduct of victim?
Establish chain of causation in injury/death. Was D a significant contributor? Is V’s conduct reasonably foreseeable? Does it break the chain?
Is D responsible if V injects heroin delivered by D
If D is not present, then no, because adults of sound mind are autonomous
Is D responsible if they stabbed V, V healed but then aggravated own wounds and died?
Yes, D’s conduct was a significant contribution, V’s actions do not break chain.
What is required to be an accessory?
Assistance or encouragement, ‘but for’ causation not required
Which mens reas can accessories have?
Intention or knowledge, not recklessness or negligence
How much knowledge is required?
Just of type of offence, don’t need to know exact time, place, location etc.
Direct intention
intent to cause consequence, doesn’t matter how likely consequence is
Indirect/oblique intention
Did not desire consequence, but may have foreseen it. Probability of consequence affects foreseeability, but that’s for jury.
Subjective recklessness
aware of risk, aware of result, is taking the risk reasonable? Have to prove that D was personally aware.
reasonableness
is the risk justified?
What affects autonomy?
Age, mental ability NOT intoxication
Objective recklessness?
Would a reasonable person see the consequence and risk?
Malice
requires intent to cause relevant harm
Wilfully
Covers intention and recklessness
Knowledge
same as intention, but doesn’t matter whether it is direct or indirect, need correctness of belief
