Elements of a Crime Flashcards
Bratty v Attorney General for Northern Ireland
An act is involuntary if it is done by the muscles without any control by the mind
Hill v Baxter
3 hypothetical examples of when D’s conduct would be involuntary:
- Swarm of bees
- Hit on the head with a stone
- Having a fit/seizure
R v Pittwood
Contractual duty
R v Gibbins and Proctor
Relationship duty
R v Stone and Dobinson
Assuming responsibility voluntarily duty
R v Dytham
Public office duty
R v Miller
Creating a dangerous situation duty
R v Pagett
Uses the ‘but for’ test, where the consequence would not have happened but for D’s conduct
R v White
Uses the ‘but for’ test, where the consequence would have happened but for D’s conduct
R v Smith
Uses the ‘operative and substantial’ test, whereby D’s actions were significant in causing the consequence
R v Pagett (intervening act)
Acts of a third party will not break the chain of causation if they are reasonable and foreseeable
R v Jordan
Acts of a medical third party will break the chain of causation if they are unreasonable, unforeseeable and palpably wrong
R v Roberts
Acts of the victim will not break the chain of causation if they are reasonable and foreseeable
R v Williams
Acts of the victim will break the chain of causation if they are unreasonable and unforeseeable
R v Blaue
The Thin Skull Rule shows you must take your victim as you find them
R v Mohan
D’s main aim or purpose is to bring about the consequence
R v Woollin
Was the consequence a virtual certainty, and did D appreciate the consequence was a virtual certainty?
R v Cunningham
D realises there is a risk of an outcome but carries on regardless
R v Latimer
The mens rea can be transferred from the intended victim to the actual victim
R v Pembliton
D can’t perform the actus reus of one crime whilst possessing the mens rea of a different crime
R v Thabo Meli
If the mens rea has formed before the actus reus, the mens rea extends to all the actions done in between
Fagan v MPC
If the mens rea has formed after the actus reus, the actus reus continues until the mens rea occurs
