Criminal Law - Theory Flashcards
What is actus reus?
The causation element of the crime
What are the two elements of actus reus?
Factual causation and legal causation
What is factual causation?
+cases
‘But for’ test
R v Pagett (pregnant girlfriend as a shield)
R v White (mothers drink)
What is legal causation?
+cases
Was the defendants action the operative and substantial cause
Was there a novus actus intervenienes that broke the chain of causation
What are the three intervening acts?
Act of a third party
Victims own act
Think skull rule
Act of a third party
+cases
Has someone stepped in and caused death (usually negligent doctors)
R v Smith (soldier dropped and given the wrong treatment) - the chain of events was not broken
R v Cheshire (had a rare complication with a tracheotomy) - the doctors were not negligent so the chain was not broken
R v Jordan (allergic to the drug but given a higher dose) - was an intervening act as the doctor was negligent and caused death
Victim’s own act
+cases
The victim themselves has done something to break the chain of events, a daft and unforeseeable act
R v Roberts (girl jumped out of car in fear of sexual assault) - this does not break the chain as it is not seen as daft or extraordinary
R v Williams (hitch hiker jumped out of car in fear of having his wallet stolen) - broke the chain of causation as his act was disproportionate
Think skull rule
+cases
The victim has a pre-existing condition that makes them more vulnerable, you take your victim as you find them (if the victim dies because of your action, it is not your fault, it is not an intervening act)
R v Blaue (Jehovah’s witness who was stabbed) - D convicted as you have to take your victim as you find them
Aims of criminal law
Protect individuals from harm
Protect people’s property
Preserve order in society
Enforce prevailing moral standards
Balance conflicting interests
Punish those at fault
Educate society about appropriate behaviours
To achieve justice
Provide a deterrent
What is a fault based crime?
They require an actus reus and a mens rea
What is a strict liability crime?
They do not require a mens rea
What is voluntary conduct?
Acts are only guilty if they were committed voluntarily
What are conduct crime?
When the actus reus is prohibited conduct (e.g. perjury)
What is meant by state of affairs?
Some crimes require certain circumstances (burglary must be trespassing)
What are result crimes?
Require the defendant to cause a particular result
What is an omission?
A failure to do something your meant to do
What is transferred malice?
If the defendant with the mens rea causes the actus reus of the same crime the mens rea is transferred to the actual victim
What is contemporaneity?
Actus reus and mens rea must occur at the same time but under some circumstances the mens rea can come later
What is mens rea?
The fault element of a crime (the guilty mind)
What are the two elements of mens rea?
Direct intention and oblique intention
Direct intention
+cases
A decision to bring about the outcome
R v Mohan - drove towards policeman when asked to stop showing intention to scare
Oblique intention
+cases
A virtual certainty of the action or foresight of consequences
R v Woollin - threw into pram against wall
R v Matthews and Alleyne - pushed victim off bridge knowing he couldn’t swim
What is meant by a crime of specific intent?
You have to directly intend the outcome, can only be carried out intentionally
What is meant by crimes of basic intent?
You had intention but the action was also reckless, can be carried out intentionally or recklessly
What is subjective recklessness?
+cases
The defendant is aware of the risk and unreasonably takes that risk
R v Cunningham - tore pre-payment gas meter from wall causing a fire
What is negligence (gross negligence manslaughter)
+cases
Falling below an accepted standard
The negligence must be so extreme that it is unbelievable
The jury must find it so extreme that it is gross
R v Adomako - anaesthetist didn’t see the breathing tube had come out
R v Broughton - filmed his girlfriend having an overdose instead of getting help
Strict liability cases
Pharmaceutical Society of Great Britain v Storkwain Ltd - the pharmacist supplied drugs on a forged prescription
Callow v Tillstone - a butcher asked a vet to examine a carcass and was told it was fit for consumption but it was not
Cases for transferred malice
R v Latimer - attempted to strike a man with a belt but it hit an elderly woman
R v Gnango - a civilian was shot during a shoot out
R v Pembleton - D attempted to throw a rock at someone but caused property damage (mens rea cannot be transferred across crimes)
What is contemporaneity?
The mens rea and actus Reus must occur at the same time
There are two exceptions: a continuing act and a series of acts
What is meant by a continuing act?
Fagan v MPC - when asked to pull over by a police officer Fagan accidentally drove onto the officers foot (meaning there was no mens rea) but when asked to move he refused meaning the mens rea came into play whilst the actus reus was still happening causing coincidence
What is meant by a series of acts?
Thabo Meli - the defendant threw the victim off a cliff with intention to kill him (giving him the mens rea) but he didn’t die until 3 days later from exposure, as it was all a series of acts Thabo Meli was convicted
What is meant by transaction theory?
It’s one transaction between two parties that causes the outcome
R v Church
