criminal liability pt2

Question 1

what are the 2 types of causation

Answer 1

factual
legal

Question 2

what is factual causation

Answer 2

establishing whether an event caused a consequence

Question 3

what is the test for factual causation

Answer 3

‘but,for’

Question 4

what case law supports factual causation

Answer 4

R v Pagett

Question 5

what are the facts of this case

Answer 5

defendant used pregnant lady as shield and she got shot he was convicted as manslaughter

Question 6

what is legal causation

Answer 6

the defendant was liable for the consequence as it was foreseeable

Question 7

what case law relates to legal causation

Answer 7

R v Blaue

Question 8

what are the facts of this case

Answer 8

woman was stabbed and then refused blood transfusion so she died and he was convicted of murder

Question 9

what is the chain of causation

Answer 9

the chain must stay in tact with no break to be liable for a crime

Question 10

what are the 3 ways it can be broken

Answer 10

act of third party
victims own actions
natural but unpredictable event

Question 11

is medical treatment likely to break

Answer 11

no unless it plays a significant role

Question 12

what happened in the case of R v Smith

Answer 12

soldier was injured and given cpr but this made it worse and he died so attacker was liable

Question 13

what happened in the case of R v Cheshire

Answer 13

victim was shot and died from medical complications but attacker was liable

Question 14

what happened in the case of R v Robberts

Answer 14

woman jumped from car to escape sexual advances so defendant was liable

Question 15

what is the mens rea

Answer 15

mental element of the crime

Question 16

what is the age of criminality

Answer 16

10 years old

Question 17

what are the 3 legally recognised defences

Answer 17

self defence
under duress/pressure
not at fault for crime

Question 18

what is intention clarified as under s8 criminal justice act 1967

Answer 18

a court or jury, in determining whether a person has committed an offence;

• shall not be bound in law to infer that he intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions; but
• shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.

Question 19

what is direct intent

Answer 19

when a desired consequence is clear

Question 20

what is indirect/oblique intent

Answer 20

when the defendant’s action causes a consequence that perhaps was not what they intended

Question 21

what is foresight of consequence

Answer 21

could the defendant have foreseen the outcome of their actions and therefore be liable for their wrongdoing

Question 22

what happened in the case of R v Woollin

Answer 22

defendant lost temper and threw baby towards pram and hit the wall and died

Question 23

what is subjective recklessness

Answer 23

taking an unjustifiable risk and the defendant must have known this was a risk

Question 24

what happened in the case of R v Cunningham

Answer 24

defendant stole a prepaid gas meter for the money inside which caused a gas leak into an adjacent house
he was not guilty as he did not known this would happen

Question 25

what is negligence

Answer 25

where defendant has not taken the proper care needed

Question 26

what is gross negligence

Answer 26

where someone’s actions/omissions were so ‘gross’ that their actions become criminal

Question 27

what is needed for a case to be negligent

Answer 27

damage must have occurred
breach of duty proven

Question 28

what is strict liability

Answer 28

offences that dont require a mens rea to be guilty

Question 29

what happened in the case of Callow v Tillstone

Answer 29

butcher asked vet if something was fine to consume and he said yes but once it was sold it was unfit

Question 30

what is transferred malice

Answer 30

when a defendant committed a crime but on the wrong person

Question 31

what happened in the case of R v Latimer

Answer 31

man aimed a belt at someone in the bar but hit another person by accident

Question 32

what is the contemporaneity rule

Answer 32

both actus reus and mens rea must occur at the same time to be guilty

Question 33

what happened in the case of Fagan v Police

Answer 33

drove over police mans foot on accident but then refused to move the car