Criminal Law Basics

Question 1

What is the name of the person being prosecuted?

Answer 1

Defendant

Question 2

If the defendant is found not guilty, they are …

Answer 2

acquitted

Question 3

What is omission?

Answer 3

Failure to act

Question 4

What are the two causation tests?

Answer 4

Factual and legal causation

Question 5

What is the name of the test for factual causation?

Answer 5

But-for test

Question 5

What are the cases for factual causation and what are it’s facts?

Answer 5

White - tried to poison his mother who later died of an unrelated heart attack. But for White poisoning his mother she would have died anyways.

Pagett - held his girlfriend in front of him whilst he shot at police who fired back. Girlfriend was shot dead. But for Pagett holding his girlfriend hostage she would not have been shot.

Question 6

Define legal causation and state the case.

Answer 6

D must be the operating and substantial cause of harm - Kimsey.

Question 7

State the three things that can break the chain of causation and their cases.

Answer 7

1. V’s own unreasonable/unforeseeable action - William & Davis. V jumped out of travelling car in reaction to being robbed and died from head injuries caused by hitting his head on the road.
   Roberts - V jumped out of car to escape sexual assault.
2. A significant 3rd party act, separating D’s original act - Pagett.
3. Palpably incompetent medical treatment - Jordan. V was stabbed in the stomach and treated in hospital. Given large dose of antibiotic after V had allergic reaction to it. V died from allergic reaction.

Question 8

Define the ‘thin skull rule’ and state the case.

Answer 8

D must take their V as they find them. If V is vulnerable it does not break the chain of causation. Blaue - failure to consent to treatment after being stabbed.

Question 9

Define actus reus and state the case and it’s principle.

Answer 9

Guilty act - Hill v Baxter. Actus reus must be a voluntary act. If the D did it involuntarily, they are not criminally liable.

Question 10

State what actus reus can be (three crimes)

Answer 10

An act, a failure to act, a state of affairs.

Question 10

What is the Good Samaritan Law?

Answer 10

Requires anyone to assist a person in danger or at least call for help.

Question 11

State the six situations when you can be guilty for an omission and it’s cases.

Answer 11

1. Contract - Pitwood
2. Professional duty - Dytham
3. Voluntary care - Stone and Dobinson
4. Create a dangerous situation - Miller
5. Relationship - Gibbins and Proctor
6. Statute - Road Traffic 1988.

Question 12

Explain the but for test.

Answer 12

An action is a cause of an injury BUT FOR the action, the injury wouldn’t have occurred. Would the harm have occurred if the D hadn’t acted the way the did? BUT FOR the D’s action, would the harm have occurred?

Question 13

State and explain the test for legal causation.

Answer 13

The foreseeability test asks if the D reasonably should have foreseen the consequences.

Question 14

Define mens rea.

Answer 14

Guilty mind

Question 15

State the intentions of mens rea.

Answer 15

Direct and oblique/indirect intention and recklessness.

Question 16

Explain direct intention and the case.

Answer 16

D’s brought about a decision to bring a desired prohibited consequence. D meant the injury.
Mohan - D accelerated towards police officer in a car.

Question 17

Explain oblique/indirect intention, the case and the two-part test for it.

Answer 17

The injury was visually certain and the D knew it and continued anyways.
Woollin - D threw baby at wall because he was annoyed it wasn’t feeding well. Baby hit wall and died.
Two part test: ‘Was the death or serious injury a virtual certainty” and “Did the D realize this?”

Question 18

Explain recklessness, the case and the two-part test for it.

Answer 18

D recognised the risk of injury and carried on regardless.
Cunningham - D broke into gas meter with intention to steal money. Gas escaped and poisoned neighbour.
Subjective test: Determine whether D wilfully took initial action.
Objective test: Determine whether the commission of the actus reus could be foreseen by a reasonable person.

Question 19

Define the Coincidence Rule and state the case.

Answer 19

When the actus reus and mens rea appear but don’t occur at the same time - Fagan

Question 20

Define the Continuing Act and state the case.

Answer 20

Act extends over a period, treated as having occurred at the end of that period, where the AR and MR coincide - Thabo Meli

Question 21

Explain transferred malice and state the case.

Answer 21

Occurs when the D’s MR is transferred from intended V to actual V - Mitchell

Question 22

Explain the case facts and principle of omission by contract.

Answer 22

Pitwood (Railway crossing keeper failed to close a level crossing gate resulting in the death of a wagon driver). If you don’t do what is in your contract and someone is harmed you are guilty of causing the harm.

Question 23

Explain the case facts and principle of omission by professional duty.

Answer 23

Dytham (Police officer refused to respond to bouncer kicking man to death). If you don’t do what is in your professional duty and someone is harmed you are guilty of causing the harm.

Question 24

Explain the case facts and principle of omission by voluntary care.

Answer 24

Stone and Dobinson (Failure to give person they were caring for necessary medical help, resulting in their death). If you volunteer to care for someone you are liable for any failure to take good care if they are harmed.

Question 25

Explain the case facts and principle of omission by creating a dangerous situation.

Answer 25

Miller (D Started fire by lit cigarette whilst sleeping. Failure to attempt to distinguish fire after realising resulting in property damage). If you create a dangerous situation you are liable for any failure to stop the situation you have created.

Question 26

Explain the case facts and principle of omission by relationship.

Answer 26

Gibbins and Proctor (D deprived child of food and allowed to starve to death). Parents will be guilty for failure to care for their harmed children.

Question 27

Explain the case facts and principle of omission by statute.

Answer 27

Road Traffic 1988. Failure to report an accident is an omission.