criminal law- elements Flashcards
what is the definition of direct intention and the case to support it
D’s main aim and purpose (case: Mohan)
what is the definition of oblique intention and the case to support it
D foresaw the consequence as a virtual certainty (case: Woollin)
what is the definition of recklessness and the case to support it
Taking an unjustified risk (case: Cunningham)
What case supports the continuing act?
Fagan v metropolitan police commissioner
What case supports a series of events?
Thabo meli and church
When can’t malice be transferred and what case supports it?
If the crimes are different (case: Mitchell and gnago)
The ratio of mohan
Intention is a decision that lies in the accused power no matter whether a desired the consequence of his action or not , so it was his main aim or purpose.
What does S8 criminal justice act 1967 say
1) a court or jury in determining whether a person has committed an offence intended or foresaw a result of his actions by reason only if it’s being a natural consequence of these actions
2) decide whether he did intend or foresee that result by reference to all evidence
Explain the case of woolin
F: D was angry whilst feeding his 3 month old son and threw him towards the peak the baby hit the wall and died
H:the court will infer intention if
1)objective =the consequence is a virtually certain result of the act
2)subjective = D knows that it is a virtual certain consequence
Explain the case Of Matthews and alleyne
F:D’s pushed their v from a bridge into a river knowing that he couldn’t swim they pushed him head towards the bank but did not stay to see if he succeeded in getting out and the V drowned
H:the c of a stressed that the D’s appreciation of death or serious bodily harm as a virtual certainty does not constitute the necessary intention for murder but it is something from which intention can be inferred
Explain the case of Cunningham
F:d in the case broke a gas meter to steal the money in it and the gas seeped our into the house next door cunninghams prospective mother in law was sleeping there and became so ill her life was endangered
H:Cunningham charged under S23 of the offences against the persons act 1861 with maliciously administering a noxious thing so as to endanger life
Subjective recklessness is that D foresaw the risk and went ahead with it anyway Cunningham was found not guilty as you couldn’t show he knew of the risk of harming somebody
Explain the case of fagan v metropolitan police commissioner
F:d did not notice he had drove onto a policeman’s foot when asked to move his car he left it there
H: driving into officers foot and staying there was one continuous act so as long as D had mens rea at some point during that continuing act he was guilty
explain the case of Thabo meli
f: d beat up a man believing he was dead he threw him off a cliff
h: mr is formed for the first act continued over a series of acts and a consequence some days later
explain the case of church
f: d and v were attempting to have sex v mocked d and a fight broke out and he knocked her unconscious believing she was dead he threw her down a river and she drowned
h: mr continued despite d belief of a change of circumstance as mr occurred at some point during this event d was guilty of manslaughter
explain the case of Mitchell
f: d tried to jump the queue at post office an elderly man took issue with appellant behaviour and challenged him d hit the old man and pushed him the man fell back onto others into the queue an old lady broke her leg and died and d was convicted of manslaughter
h: mr could be transferred from the intended victim (old man) to the actual victim (old woman) because the actual and intended crime were the same
explain the case of gnango
f: v was walking home from a nursing home through a car park in south London she was on the phone and shot in the head and killed shouts were exchanged between b and gnango b wasn’t found his bullet hit v but gnango was responsible for murder malice was transferred
h: b would have been guilty of murder but under transferred malice gnango because of participation was also guilty of murder
explain the case of pharmaceutical society of great Britain v storkwain LTD
f: d didn’t know they were forged and supplied drugs without a genuine prescription
H: d was charged under medicines act 1968 which states no one shall supply certain drugs without a prescription (they were forged)
explain the case of sweet v parsley
f: school teacher let her house out to students who were smoking cannabis in the house she wasn’t aware and was charged with an offence of being concerned with the management of premise which were being used for the purposes of smoking contrary to the s5 (b) of dangerous drugs act 1965 statute didn’t state any requirement of MR
H: she was convicted by magistrates of “being concerned in the management of premises which were used for the purpose of smoking cannabis “ contrary to S5(b) of the dangerous drugs act 1965 miss sweet was found guilty although she had no knowledge that cannabis was being smoked she appealed to the house of lords they held that she was not guilty as presumption of MR was required had not been rebutted- crime wasn’t one of strict liability required more proof of MR
What were the 2 cases for strict liability?
- Blake -pirate radio broadcasts interfering with emergency channels
- London borough of Harrow v shah -selling a lottery ticket to an underage child was strictly liable even though the staff has been trained to check ID
Which case set the guidelines for use of strict liability but lord scarman
Gammon v AG for Hong Kong
What are the facts of the case gammon v AG for Hong Kong
D’s we’re liable when part of the building they were helping to construct collapsed even though the company were unaware of that the plans weren’t being followed privy council again stressed that the main reason for enforcing strict liability in such cases was to protect the public
What are the facts Of the other strict liability cases
Callow v tillsone- a butchers was convicted for selling unfit meat despite the fact a vet had declared the meat to be safe case like this ensure that quality control standards are kept as high as possible
R v Howells -D’s convicted for failing to obtain a firearms certified was upheld despite the fact he believed the gun was an antique and therefore did not require a certificate
Explain the case of alphacell v Woodward
F: paper making company’s overflow pumped polluted water into a river because the over flow was blocked despite regular maintenance and inspection systems the company was found guilty and fined
H: if the offence were not one of strict liability is used to encourage greater vigilance in business
what was the criteria decided by the Gammon case to be used by the courts in deciding whether it was appropriate to impose strict liability
1) presumption of MR especially if “truly criminal in character”
2) statute must clearly exclude MR e.g. “knowingly”
3) presumption is rebutted if there’s an issue of public concern or public safety
4) presumption still stand unless it will ensure greater vigilance e.g. careful
