Criminal Liability Flashcards
What two elements must be proved by prosecution to show that D is guilty?
Actually Reid and Mens Rea
What is the crime equation?
Actus Reus + Mens Rea + No Defence = A Crime
What is mens rea?
The mental element of a crime
What is actus reus?
The physical element of a crime
What must D’s act or omission usually be?
Voluntary
What is the Chain of Causation?
Factual Cause + Legal Cause + No Intervening Act
When will D be the factual cause?
If the consequence would not have happened ‘but for’ D’s conduct
What is the case example of the factual cause?
Pagett
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
When will D be the legal cause?
If D’s conduct was more than a minimal cause of the consequence
What is the case example of a legal cause?
Benge
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
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
What is the case example of when D’s conduct caused a reasonably foreseeable action by a third party?
Pagett
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
What are the case examples for when medical negligence didn’t break the chain of causation?
- Smith
* Cheshire
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
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
What medical negligence case breaks the chain of causation?
Jordan
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
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
What case example of V’s own actions didn’t break the chain of causation?
Roberts
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
What is the thin skull rule?
When D must take V as he finds him
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
