Criminal Liability Flashcards by Katrina Kirkham

What two elements must be proved by prosecution to show that D is guilty?

Actually Reid and Mens Rea

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What is the crime equation?

Actus Reus + Mens Rea + No Defence = A Crime

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What is mens rea?

The mental element of a crime

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What is actus reus?

The physical element of a crime

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What must D’s act or omission usually be?

Voluntary

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What is the Chain of Causation?

Factual Cause + Legal Cause + No Intervening Act

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When will D be the factual cause?

If the consequence would not have happened ‘but for’ D’s conduct

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What is the case example of the factual cause?

Pagett

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What happened in Pagett?

D used his pregnant girlfriend as a shield whilst in a shoot out with the police. She would not have died ‘but for’ him using her as a shield

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When will D be the legal cause?

If D’s conduct was more than a minimal cause of the consequence

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What is the case example of a legal cause?

Benge

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What happened in Benge?

D was charged with manslaughter as he hadn’t relaid the tracks in time so a train crashed. His conduct was more than a minimal cause

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What are the three types of interesting acts?

where D’s conduct causes a reasonably foreseeable action by a third party
medical negligence
V’s Ken conduct

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What is the case example of when D’s conduct caused a reasonably foreseeable action by a third party?

Pagett

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When will medical negligence break the chain of causation?

When it is so independent of D’s act and in itself so potent in causing death that D’s acts are insignificant

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What are the case examples for when medical negligence didn’t break the chain of causation?

Smith

* Cheshire

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What happened in Cheshire?

D shot V who died in hospital after his windpipe became obstructed in surgery and doctors failed to spot the complications. The complications were a direct consequence of the shooting and D’s act was still a significant cause of V’s death

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What happened in Smith?

V was a soldier and was stabbed and taken to the medics but he was dropped twice on route. Medics failed to diagnose that his lung had been punctured and he died. The original wound was still a substantial cause

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What medical negligence case breaks the chain of causation?

Jordan

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What happened in Jordan?

V was stabbed and taken to hospital. He was given antibiotics and had an allergic reaction to them, he was given excessive amounts of intravenous therapy and died of pneumonia. The medical treatment was palpably wrong and broke the chain of causation

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When will V’s own conduct break the chain of causation?

When it is so daft that a reasonable person would not have foreseen V reacting in that way

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What case example of V’s own actions didn’t break the chain of causation?

Roberts

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What happened in Roberts?

V jumped out of a car to escape sexual advancements. D was held liable for her injuries as her reaction was reasonably foreseeable

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What is the thin skull rule?

When D must take V as he finds him

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What is the case example for the thin skull rule?

Blaue

What happened in Blaue?

D stabbed a Jehovah’s Witness and she refused a blood transfusion even though it would’ve saved her life but D had to take V as he found them

When will an omission satisfy the actus reus?

* contractual duty * dangerous situation they have created * family duty * voluntary promised to care for V * official position

What is the case example of when D was under a contractual duty to act?

Pittwood

What happened in Pittwood?

A railway crossing keeper omitted to shut the gates and a person was struck by a train and killed

What is the case example of when D may be under a duty to take reasonable steps to prevent harm resulting from a dangerous situation they have created?

DPP V Santana Bermudez

What happened in DPP V Santana Bermudez?

D was being searched by a police officer and said no when asked if he was carrying any sharp objects but V has cut by a syringe in his pocket

What is the case example for when D was under a family duty to act?

Gibbins and Proctor

What happened in Gibbins and Proctor?

A father deliberately starved his child to death

What is the case example where D is under a duty to act because he voluntarily promised to care for V?

Stone and Dobinson

What happened in Stone and Dobinson?

V was living with D and she became ill and D failed to care for her or get her help and she died

What is the case example of when D was under a duty to act through an official position?

Dytham

What happened in Dytham?

A police officer saw a violent attack but didn’t intervene and he drove away

What is the definition of direct intent?

D directly intends a result where it is his main aim or purpose and D desires the result that occurs and sets out to achieve it

What is the case example of direct intent?

Mohan

What is the definition of indirect intent?

D did not desire a particular result but in acting as he did he fires saw that result as a virtual certainty

What is the case example of indirect intent?

Woollin

What happened in Woollin?

D got annoyed and threw his baby in the direction of his pram but he hit a wall instead

What is the definition of recklessness?

D will have acted recklessly where he knows there was a risk of the result happening but still takes the risk anyway

What if the case example of recklessness?

Cunningham

What happened in Cunningham?

D tore a gas meter off the wall and caused gas to deep into the neighbours house

What is the definition of negligence?

D will have acted negligently if he is unaware of the risk but ought to have been aware of it

What is transferred malice?

Where D’s mens reads directed at one person, but D harms someone else, he can still be guilty. D’s mens rea is transferred to the actual victim

What is the case example of transferred malice?

Latimer

What happened in Latimer?

D aimed to hit a man with a belt but it hit a woman instead. His intention to harm the man was transferred to the actual victim

What does transferred malice not apply to?

When D had the men’s tea for a completely different type of offence

What is the case example of when transferred malice doesn’t work?

Pembliton

What happened in Pembliton?

D threw a stone intending to hit people but it smashed a pub window instead. D was not liable for the damage because his intention was to hit the people not the property

What is strict liability?

An offence where prosecution doesn’t need to prove mens rea for the the actus reus

What happened in Harrow London Borough Council V Shah?

D sold an underage boy a lottery ticket

What happened in Callow V Tillstone?

D was a butcher who had a vet examine meat to check it was safe. The vet said it was fine so D sold it but the meat was not fit for sale

Which case is used when there is uncertainty whether an offence is one of strict liability or not?

Gammon

What do you do in the Gammon case to decide if the offence is one of strict liability or not?

Start by presuming that the prosecution must prove mens rea then decide if the case involves a point of general public importance or social concern

What happened in Alphacell Ltd V Woodward?

A company caused polluted waste to flow into a river

What are the main reasons for having strict liability?

* helps protect society * helps secure a conviction * saves court time

What is the main argument against strict liability?

It makes people who aren’t blameworthy guilty

What is Fagan V MPC a case example of?

Where there is a continuing act for the actus reus, at some point while that act is going on D will have the necessary mens rea and the two will coincide

What happened in Fagan V MPC?

D was told to move his hm at by a police officer. When doing it he ran over the police mans foot and delayed when moving off it. D gained the mens rea once he realised the car was on his foot

What is Church a case example of?

Where the actus reus is part of some larger transaction

What happened in Church?

V slapped D. So D punched her and knocked her out. He thought she was dead so he threw her body in a river where she drowned

What is another exception of where D will still be guilty of an offence even though the actus reus and mens rea aren’t present at the same time?

Where D has been voluntarily been drinking and commits a crime, D is seen as reckless for being intoxicated

What is the case example of D being voluntarily intoxicated?

DPP V Majewski

What happened in DOP V Majewski?

D was intoxicated and attacked people