CRIMINAL LAW-background Flashcards
what is causation?
see if the defendant really caused the crime.
what is actus reus and mens rea?
both things defendant is required to have to result to a crime.
what is actus reus?
physical element of a defendants crime
what are certain things that a defendant needs to have to be defined as a crime (1)?
needs to be a voluntary act
example case of voluntary act?
Hill v Baxter 1958
example of involuntary act?
trip/fall,push/ed,sleepwalking,muscular spasms
why doesn’t an involuntary act count?
dont count as not in control of body
what can d’s guilty act also be?
omission
what is an omission?
d has (failure) responsibility to do something
how does omission have actus reus if there is a lack of it?
because this occurs where there is a duty to act (failure) and has been recognised in courts in following circumstances.
what must an omission result in?
must result in a crime otherwise the d is just not doing their job correctly.
what 4 types can you have a duty by in omission?
- duty by contract
- duty by close relationship
- duty by assumption
- creation of dangerous situation
cases for omission?
- contract= r v pitwood
- close relationship= r v gibbons & proctor
- assumption= r v stone &dobinson
- dangerous sit= r v miller
what type of crime can omission be mainly used for?
manslaughter- when d has not done an act but should have,failure= crime
what else needs to be considered with causation? (2)
factual causation ‘but-for’ test
what is the but-for test and what is the case?
“would the crime of occurred but-for d’s act? if no= factual caus (r v white = no)
what is also considered in causation? (3)
legal causation
what is legal causation for?
to see if the chain has been broken and if d is responsible for the end result
cases of legal causation for reasonable and proportionate (actions of v)?
r v roberts A.B.H - reasonable
r v williams and davies - x reasonable
what is the eggshell skull principle?
“take your victim as you find him”
cases for legal causation eggshell skulls principle?
r v blaue
what also is considered in legal causation -3rd party int(4)
medical intervention & substantial cause (most common 3rd party) can break chain
cases for medical intervention?
r v jordan - break in chain
r v smith- no break in chain
r v cheshire - treatment needed as result of d’s act - not broken
case for substantial cause?
r v pagett
what is mens rea?
mental element of a defendants crime
what do all crimes require?
mens rea to prove guilty mind except for strict liability offences
what are the two forms of mens rea?
intent & recklessness
what are the two types of intent?
direct and indirect
what is direct intent?
d brings about the exact result of purpose of act
what is indirect (oblique) intent?
more problematic
what is the leading case for indirect intent?
r v woolin
what did H.O.L say with indirect intent?
intent can be inferred if
consequence “virtually certain” result of act
d knows that it is a “virtually certain” consequence
what is recklessness?
accused has foreseen that particular kind of harm might be done and yet has gone to take the risk of it
what is the leading case for recklessness?
r v cunnigham
what are principles of mens rea?
transferred malice and contemporaneity
what is transferred malice?
mens rea of crime constitutes actuse reus of same crime= guilty even though v may not be one intended
cases of transfered malice?
r v pembliton
r v latimer
r v mitchell
r v saunders & archer
what is contemporaneity?
d must have ar & mr at the same time
cases of contemporaneity?
fagan v mpc
thabo meli v r
