Elements of a crime Flashcards
What is the actus reus?
The physical element of a crime
What happened in the case of Leicester v Pearson?
A driver failed to stop at a zebra crossing however he was not guilty as his car had been pushed onto the road by a car from behind
What case gave the 3 fictional examples for involuntary acts and what are the examples?
Hill v Baxter
If D was driving and:
- stung by a swarm of bees and lost control
- Hit on the head with a stone and losing control
- Heart attack or epileptic fit and losing control
What is the general rule and exception for omissions?
Generally, a person is not to blame in criminal law if they fail to act and harm is the result
- A person is only liable for an omission if they have a duty to act and they fail to do so
What are the 5 times where someone has a duty to act and what are the cases?
Contractual - R v Pittwood
Relationship (of dependency) - R v Gibbins and Proctor
Voluntary assumption of care - R v Stone and Dobinson
Public office - R v Dytham
Creating a dangerous situation - R v Santana-Bermudez/R v Miller
What is a state of affairs crime and what are the two cases?
- Where D is guilty of a crime just on the bases that a certain situation exists - no voluntary conduct is needed
R v Larsonneur and Winzar v CC of Kent
What is the test for factual causation and give two cases for this
The ‘but for’ test - it must be proved that the consequence would not have happened ‘but for’ the conduct of D
R v Pagett/R v White
What is the test for legal causation? Give the case for this
Was D’s conduct the ‘operative and substantial’ cause of the consequence to V?
R v Smith
Give the ‘de minimus’ rule from R v Cheshire
D’s actions must be a more than minimal cause but need not be substantial
What things are capable of breaking the chain of causation (along with cases)?
- Actions of a third party (R v Pagett)
- Medical treatment (R v Jordan - if ‘palpably wrong’)
- Victim’s own actions (Williams and Roberts)
- A natural and unpredictable event (act of God)
What is the thin skull rule and the case for this?
‘Take your victim as you find him’
- any characteristic which makes V more vulnerable will not break the chain of causation
R v Blaue
What is the mens rea of a crime?
‘the guilty mind’
Mental element of the crime
What is direct intention and the case?
Where D aims to achieve the prohibited consequence
Mohan
What is test for oblique intention and the case?
Woollin
- Was the prohibited consequence from D’s conduct virtually certain?
- Did D realise this was virtually certain?
In which other case did the defendants get found guilty under the idea of oblique intention?
Matthews and Alleyne
What is the test and case for recklessness?
Cunningham
- D realises the risk arising from his conduct but carries on regardless
What is transferred malice? Give the case where transferred malice applied
Where D, with mens rea of one crime, performs the actus reus of the same/a similar crime but in a different way, and so the malice can be transferred to the actual victim and D will still be guilty
R v Latimer
What does the case of R v Pembliton show?
Malice cannot be transferred from intention to harm a person to actually damaging property and vice versa
What is a single act transaction and case for this?
R v Thabo-Meli
Where the MR is stretched over time to coincide with the AR
What is a continuing act and case for this?
Fagan v MPC
Where the AR happens first and is stretched to coincide with the MR
What is a strict liability offence? Give two cases
Where D is guilty because he did the actus reus - there is no mens rea required
Callow v Tillstone
Harrow LBC v Shah
What are the 3 important Gammon rules with cases and what case were the gammon rules established in?
Gammon v AG of Hong Kong
