criminal law- general elements

Question 1

actus reus

Answer 1

the physical element of committing a crime

Question 2

mens rea

Answer 2

the mental element of committing a crime

Question 3

contractual duty and case example

Answer 3

doctors can be liable if they fail to do their duty
-Adomako- failed his duty as he didn’t do his checks on a patient

Question 4

public duties and case example

Answer 4

emergency services can be lbo if they fail to intervene
-dytham- police officer who failed to intervene when a crime was happening

Question 5

acceptance of care and case example

Answer 5

lbo when you fail to care for someone in your care
-stone and Dobinson- didn’t care for their sister who had an eating disorder

Question 6

duties via relationship and case example

Answer 6

lbo when you stop caring for your child
-Gibbins and proctor- starved their seven year old daughter

Question 7

creation of danger and case example

Answer 7

if you create a dangerous situation and fail to act you will be lbo
-miller- left a lit cigarette to burn

Question 8

omissions under statue and case example

Answer 8

some acts of parliament will make you lbo if you fail to act
-road traffic act- failure to stop at the scene of an accident

Question 9

what are omissions

Answer 9

this is where someone fails to act and it results in liability. they will be liable by omissions if they fall into one of the below categories’

Question 10

what is termination of duty

Answer 10

where you can terminate your duty so you will not be lbo

Question 11

what is the good Samaritan rule

Answer 11

an ethical duty however not apart of the uk law

Question 12

factual causation and case example

Answer 12

but for test
-white- poisoned his mums drink but before she drank it she had a heart attack

Question 13

legal causation and case example

Answer 13

d must be more than a minimal cause of death
-pagett- used his pregnant gf as a shield from gunfire

Question 14

thin skull rule and case example

Answer 14

unknown illnesses, you take the victim as they are
-blaue- stabbed and needed a blood transfusion but refused due to religion

Question 15

what happens if causation is broken

Answer 15

no charge or lesser charge

Question 16

voa- what are the five sections

Answer 16

escape, self treatment, refusal of treatment, self injection, suicide

Question 17

voa- escape and case example

Answer 17

breaks the chain when unreasonable doesn’t when it is forceable
-Roberts- jumped out of a moving car to avoid being sa, doesn’t break the chain

Question 18

voa- self treatment and case example

Answer 18

does break the chain
-Roberts-jumped out of a moving car to avoid being sa, doesn’t break the chain

Question 19

voa- refusal of treatment and case example

Answer 19

never breaks the chain
-holland- cut his finger on a night out and refused treatment then died of an infection.

Question 20

voa- self injection and case example

Answer 20

does break the chain
-Kennedy- drug addicts made heroin, one friend tried it and died, does break the chain

Question 21

voa- suicide and case example

Answer 21

will break the chain
-Wallace- acid attacked her ex bf and he got euthanised, broke the chain

Question 22

third parties- what are the 3 sections

Answer 22

negligent medical care, life support machine, other

Question 23

tp- negligent medical care and case example

Answer 23

doctors, gross negligent
-jordan- gor stabbed and it got infected, doctors gave him antibiotics that he was allergic to and and died, broke the chain

Question 24

tp- life support machines and case example

Answer 24

never breaks the chain
-malcherek and steel- put someone on life support and were charged with murder, doesn’t break the chain

Question 25

tp- other situations and case examples

Answer 25

cant break the chain
-Pagett- used his gf as a shield in gunfire, doesn’t break the chain

Question 26

natural disasters

Answer 26

breaks the chain

Question 27

intention and case examples

Answer 27

direct intent- 100 percent aim and desire
oblique intent- no aim but 90 percent desire
-Mohan- instructed by a police officer to stop but he didn’t and carried on moving
-woollin- threw a baby at a pram next to a wall

Question 28

recklessness and case example

Answer 28

when you take a risk
-g and r- went camping behind a coop, set a fire on a bin and burnt down the shop

Question 29

negligence and case example

Answer 29

where your actions fall below what is expected of you
-adamako-

Question 30

coincidence and case example

Answer 30

contemporaneity rule
-miller-

Question 31

transferred malice and case example

Answer 31

where you have the aim to commit a crime and your victim isn’t who you wanted it to be
-Mitchell- shoved a guy when fell on an old lady who then died

Question 32

strict liability and case example

Answer 32

where you don’t have the full men’s rea for the crime but you have partial men’s rea
-road traffic act-

Question 33

what are the two forms of intention

Answer 33

direct and oblique intention

Question 34

what is direct intention

Answer 34

the highest level of men’s rea and you must have aim and desire to produce a certain result.

Question 35

what is oblique intention

Answer 35

this is where the defendant does not have aim and desire to kill the victim.