Elements Of A Crime (NIP) Flashcards
What does actus Reus mean?
Guilty Act
Conduct part of the crime
What must D actions be for them to be found guilty?
Voluntary
When did lord denning say an act would not be voluntary?
An act which is done by the muscles without any control by the mind
Eg reflex action, spasm, seizure, sneezing
What 3 hypothetical examples of involuntary conduct were given in Hill v Baxter?
All whilst driving and loosing control:
1. Being stung by bees
2. Being hit on the head with a stone
3. Having a heart attack or epileptic fit
What is an omission?
Not acting or failing to act
What is the general rule for omissions?
You are not legally responsible for a failure to act
What is an exception to the general rule for omissions?
A person is only liable for an omission if they have a duty to act and they fail to do so
What are the types of duty?
- Contractual
- Relationship
- Assuming responsibility voluntarily
- Public office
- Creating a dangerous situation
Give a case example of contractual duty.
Pittwood 1902:
D worked on railway. A man was killed on the railway line when D did not close the gate.
D omitted to close the gate.
D had a duty to do so as he was a railway crossing keeper (it was his job by contract).
Give an example of relationship duty.
Gibbins and Proctor 1918:
A father and his partner killed his child by starving her.
D omitted to feed the child.
D had a duty to do so as he was the legal guardian of the child.
Give an example of assuming responsibility voluntarily.
Stone and Dobinson 1977:
D and his girlfriend chose to take care of his elderly sister rather than sending her to a home. The sister died of poor treatment/ neglect.
D omitted to take care of his sister.
D had a duty to do so as he voluntarily assumed responsibility for her.
Give an example of the duty of public office.
Dytham 1979:
A police officer watched a fight break out and a man died.
D omitted to intervene.
D had a duty to do so as it was his job in the public office.
This would also relate to contractual duty.
Give 2 examples of the duty of creating a dangerous situation.
- Miller 1983:
A man dropped a lit cigarette and started a fire. He woke up and simply moved to another room. The house burned down.
D omitted to put out the fire or call emergency services.
D had a duty to do so as he had created a dangerous situation. - DPP v Santana-Bermudez 2003:
D stopped for stop and search. D knew he had a needle in his pocket. D let officer pat him down without disclosing the needle. Officer was hurt.
D omitted to tell the officer about the needle.
D had a duty to do so as he had created a dangerous situation.
What case relates to the Continuing Act
Fagan v MPC
What case relates to the Single Transaction Theory
R v Thabo- Meli
What are the 2 types of causation?
Factual
Legal
What is the test for Factual Causation?
But for - according to R v Pagett
Explain the But for test
It must be proven that ‘but for’ D’s conduct the consequence to V would not have happened.
Explain R v Pagett
D kidnapped pregnant girlfriend
Stand off with police
D used v as human shield
D fired at police
Police fire back shoot v and kills
Explain Rv White then apply the but for test.
D poisons mother for inheritance
V has a sip then heart attack
Dies unconnected to poison
But for the defendant poisoning the victim, she would have died anyway.
Therefore the defendant was not the factual cause of the victims death.
What is the test for legal causation?
The ‘operative and substantial cause’ test meaning the defendant’s actions are a significant cause of the consequence.
Which case made the test for legal causation? Explain
R v Smith
D stabbed v in lung
Medics perform CPR
Lung tears and v died
What are the three types of intervening acts?
Acts of a third party
Acts of the victim
Acts of god
What must the intervening acts be to break the chain of causation?
Unreasonable and unforeseeable
And in a medical sense- palpably wrong.
Give an example case for acts of a third party
R v Jordan
R v Smith
Give an example case of acts of the victim
R v Roberts
R v Williams
Give a case example of acts of god
R v White
Explain R v Jordan
D shot v in stomach
V almost recovered
Given antibiotics
Allergic reaction
Given more antibiotics
Went into cardiac arrest
Body pumped with six times more fluid any human should have in body
V got pneumonia and died
Explain R v Roberts
D picked up female hitchhiker
D made sexual advances on v
V jumped out of moving car and broke her leg
Explain R v Williams
D picked up male hitchhiker
D asked v if he could see his wallet
V thought D was trying to rob him
V jumps out of moving car
V hit head and died
Give an example of an act of god
Volcanic eruption
Flood
Hurricane
Tornado
Falling tree
Heart attack
Explain the Thin Skull Rule
Any hidden characteristic which makes V more vulnerable will not break the chain of causation.
Give an example of a characteristic covered under the thin skull rule.
Haemophilia
Osteoporosis
Allergies
Psychiatric conditions
Religious beliefs
Give a case example for the thin skull rule and explain
R v Blaue
D stabbed v who was a Jehovahs Witness
V told would die if no blood transfusion
Refused blood due to religious beliefs
V died
What does mens rea mean?
Guilty mind
What are the two types of mens rea?
Intention
Recklessness
What are the two types of intention?
Direct
Oblique
Which case is used to prove direct intention?
R v Mohan
Police told car to stop
Car accelerates towards police
Police move out of way but injured in process
Explain direct intention
When D sets out/ aims/ decides to bring about a consequence.
What is the type of test for direct intention? (S or O)
Subjective
What was the defendant thinking?
What would be good evidence that D had direct intention to murder?
Use of a weapon
Sustained attack
Premeditated
Where attack is on body
Which case relates to Oblique intention?
R v Woollin
D’s baby crying
D lost temper
Threw baby towards pram
Baby hit head on wall and died
What are the two tests for oblique intention?
- Objective- was the consequence of D’s conduct a virtual certainty to the reasonable man?
- Subjective- did D realise it was a virtual certainty?
Which case relates to recklessness?
R v Cunningham
D ripped gas meter off to steal money behind
Unknown to D this caused gas leak
Gas harmed v
What is the test for recklessness?
Subjective- Did the defendant realise the risk and carry on regardless?
What is transferred malice?
When D intends to commit a crime on one person but actually does it to another.
The mens rea is transferred from the intended victim to the actual victim meaning D is still guilty.
Which case relates to transferred malice?
R v Latimer
D in pub
Argument with X
Tried to hit X with belt
Ends up hitting V as well
When can malice not be transferred?
People to property and vice versa
What do we mean by coincide?
Both the actus reus and mens rea must happen at the same time for a defendant to be convicted.
What do we use when the actus reus and mens rea don’t naturally coincide?
- Single Transaction theory- extend mens rea to meet actus reus (treated as a single transaction)
- Continuing Act- extend actus reus to meet mens rea (treated as a continuing act)
Which case relates to the Single Transaction Theory?
R v Thabo- Meli
D kidnapped v
Took v to cliff
Beat him with bat until thought was dead
Disposed of ‘body’ over cliff
V died due to the elements
Which case relates to the Continuing Act?
Fagan v MPC
D accidentally ran over v foot
V told him to move off
D stayed on foot and refused to move.
