Elements of a crime Flashcards
The definition of murder
The unlawful killing of another human being with the intent to kill or cause GBH
Omission
where you have failed to act. the law gives a person a legal duty to act, but they fail to do so.
Examples of omissions
Contractual duty
Special relations
Voluntary assumption of duty
creating a dangerous situation
statutory duty to act
Omission cases
Pitwood
Gibbons/Proctor
Miller
R.T.A 1988
Causation
A way of establishing who committed the act that caused the V’s death
Factual or Legal
Factual Causation
The ‘But For’ test-
But for the defendants actions, would the result have happened anyway?
WHITE
Legal Causation
How much of a contribution the D has made
‘More than a slight or trifling link, but does not have to be the sole cause’
KIMSLEY
The 6 Intervening Acts
Thin Skull Rule
Bad medical Treatment
Refusing Medical Treatment
Life Support
Acts of a 3rd party
Escape attempts
Intervening Act Cases
(Alphabetical Order)
Blaue
Cheshire
Holland
Malcherik and Steel
Padgett
Roberts
Mens Rea needed to be proved
Intention
or
Recklessness
Intention- Direct
MOHAN
It was the D’s aim purpose and desire to bring about the result
Intention- Indirect
(Oblique)
Establishes the Virtually Certainty Test
WOOLIN
Virtually Certainty Test Stages
1) was death or injury virtually certain? (objective)
2) Did the D realise this? (subjective)
Recklessness Definition
(Subjective)
when the D sees an unjustified risk but takes the risk anyway.
You must prove the D was aware of the risk of harm but carried or regardless and took the risk.
Types of Recklessness
Subjective- Aware but takes the risk
(CUNNINGHAM)
Objective- Unaware to the D bus is obvious to any Sober and Reasonable person
(CALDWELL)
Transferred Malice Definition
When the malice is transferred from the intended V to the actual V
LATIMER
Transferred Malice Rule
Malice can only be transferred between similar crimes, between person to person, or object to object
Coincidence rule
The MR and the AR are a continuing act and as long as they occur ‘at some point’ the crime will be complete
(CHURCH)
Strict Liability
Crimes that only need the AR
The D will be guilty of the crime wether they had the intention or not
How do judges decide if the crime is a Strict Liability crime
Gammon Guidelines
It is a Strict Liability crime
offence covers social issues/concerns
E.g Gambling/ Drinking
Regulatory
E.g Pollution / Food production
Is not a Strict Liability crime
MR words used
E.g Intention / Recklessness
Truly Criminal
E.g Murder / Rape
Penalty of Prison
Reasons why Strict Liability is good
-Protects public
-Easier to prosecute- save court time
-
Reasons why Strict Liability is bad
-Unfair on the Defendant
-No evidence it raises standard of businesses
-Could ruin the D’s reputation
