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
