Elements Of A Crime Flashcards
What is the ‘thin skull rule,’ and which case illustrates it?
Defendants take their victims as they find them. Physical or psychological vulnerabilities do not absolve liability.
Example case: R v Blaue.
What are novus actus interveniens, and how do they affect causation?
New intervening acts that break the chain of causation, such as third-party actions or the victim’s own actions.
Example cases: R v Pagett and R v Roberts.
What is the distinction between recklessness and negligence?
Recklessness: Awareness of a risk but acting anyway. Negligence: Failing to meet a standard of care.
Example case for recklessness: R v Cunningham.
What is a key case for medical negligence not breaking the chain of causation?
R v Cheshire (1991): Medical complications must be extraordinary and independent of the original act to break causation.
What are the justifications for strict liability offences?
- Protect public safety. 2. Encourage compliance with regulations. 3. Easier to enforce.
Example case: Callow v Tillstone.
What criticisms exist of strict liability offences?
- Potential for unfairness. 2. Lack of deterrence where no mens rea is required. 3. Difficulty in balancing fairness and public safety.
What is the legal definition of intention?
A decision to bring about a consequence, regardless of whether the defendant desires it. There are two types: Direct intention and indirect (oblique) intention.
Example cases: R v Mohan and R v Woollin.
What is recklessness, and how is it established?
Recklessness is taking an unjustified risk. The test is subjective, meaning the defendant must foresee the risk and still proceed.
Example case: R v Cunningham.
What is factual causation, and how is it tested?
Factual causation is established using the “but for” test.
(R v White)
What is legal causation, and how is it established?
Legal causation ensures the defendant’s actions were a significant contributing factor to the harm.
(R v Kimsey)
What is a strict liability offence?
An offence where mens rea is not required for at least one element of the actus reus.
(Sweet v Parsley)
How does the single transaction principle operate?
When a series of acts are treated as one continuous action to establish liability.
(R v Thabo Meli)
What is a state of affairs crime?
Where the defendant is liable for being in a particular situation regardless of intent.
(R v Larsonneur)
