Criminal Law - Theory

Question 1

What is actus reus?

Answer 1

The causation element of the crime

Question 2

What are the two elements of actus reus?

Answer 2

Factual causation and legal causation

Question 3

What is factual causation?
+cases

Answer 3

‘But for’ test

R v Pagett (pregnant girlfriend as a shield)
R v White (mothers drink)

Question 4

What is legal causation?
+cases

Answer 4

Was the defendants action the operative and substantial cause
Was there a novus actus intervenienes that broke the chain of causation

Question 5

What are the three intervening acts?

Answer 5

Act of a third party
Victims own act
Think skull rule

Question 6

Act of a third party
+cases

Answer 6

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

Question 7

Victim’s own act
+cases

Answer 7

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

Question 8

Think skull rule
+cases

Answer 8

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

Question 9

Aims of criminal law

Answer 9

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

Question 10

What is a fault based crime?

Answer 10

They require an actus reus and a mens rea

Question 11

What is a strict liability crime?

Answer 11

They do not require a mens rea

Question 12

What is voluntary conduct?

Answer 12

Acts are only guilty if they were committed voluntarily

Question 13

What are conduct crime?

Answer 13

When the actus reus is prohibited conduct (e.g. perjury)

Question 14

What is meant by state of affairs?

Answer 14

Some crimes require certain circumstances (burglary must be trespassing)

Question 15

What are result crimes?

Answer 15

Require the defendant to cause a particular result

Question 16

What is an omission?

Answer 16

A failure to do something your meant to do

Question 17

What is transferred malice?

Answer 17

If the defendant with the mens rea causes the actus reus of the same crime the mens rea is transferred to the actual victim

Question 18

What is contemporaneity?

Answer 18

Actus reus and mens rea must occur at the same time but under some circumstances the mens rea can come later

Question 19

What is mens rea?

Answer 19

The fault element of a crime (the guilty mind)

Question 20

What are the two elements of mens rea?

Answer 20

Direct intention and oblique intention

Question 21

Direct intention
+cases

Answer 21

A decision to bring about the outcome

R v Mohan - drove towards policeman when asked to stop showing intention to scare

Question 22

Oblique intention
+cases

Answer 22

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

Question 23

What is meant by a crime of specific intent?

Answer 23

You have to directly intend the outcome, can only be carried out intentionally

Question 24

What is meant by crimes of basic intent?

Answer 24

You had intention but the action was also reckless, can be carried out intentionally or recklessly

Question 25

What is subjective recklessness?
+cases

Answer 25

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

Question 26

What is negligence (gross negligence manslaughter)
+cases

Answer 26

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

Question 27

Strict liability cases

Answer 27

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

Question 28

Cases for transferred malice

Answer 28

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)

Question 29

What is contemporaneity?

Answer 29

The mens rea and actus Reus must occur at the same time
There are two exceptions: a continuing act and a series of acts

Question 30

What is meant by a continuing act?

Answer 30

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

Question 31

What is meant by a series of acts?

Answer 31

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

Question 32

What is meant by transaction theory?

Answer 32

It’s one transaction between two parties that causes the outcome
R v Church