Criminal Law Introduction

Question 1

What’s an omission?

Answer 1

Failure to act, only have to act if you have a duty to act - moral obligation

Question 2

Factual causation

Answer 2

‘But for the defendant’s actions would the victim have…… ‘

Question 3

R v White

Answer 3

‘But for the defendant’s actions’ the victim would still have died

Question 4

R v Pagget

Answer 4

‘But for the defendant’s action’s the victim would not have died

Question 5

Legal causation

Answer 5

The defendant’s actions need to be more than de minimus

Question 6

Chain of causation (actions that caused death) can be broken by?

Answer 6

The defendant, act of a third party, act of god

Question 7

R v Cheshire

Answer 7

There was no new intervening act

Question 8

R v Jordans

Answer 8

There was a new intervening act

Question 9

R v Blaue

Answer 9

Thin skull rule. You must take your victim as you find them

Question 10

Oblique intent

Answer 10

Desire doesn’t equal intent

Question 11

R v Mohan

Answer 11

Oblique intent - defendant desired the outcome

Question 12

R v Woolin

Answer 12

In order for the defendant to have oblique intent, the consequence had to be a virtual certainty

Question 13

R v Cunningham

Answer 13

Subjective Reckless - the person knows there is a risk but they take it anyway

Question 14

Transferred malice

Answer 14

Someone has the mens rea to harm someone but it transfers to another person

Question 15

R v Latimer

Answer 15

Transferred malice

Question 16

What is statured law?

Answer 16

Law passed by the government

Question 17

What is common law?

Answer 17

Law passed by judges from cases