Elements of a crime Paper 1 section B

Question 1

What is meant by actus reus?

Answer 1

‘Guilt act’- the physical part of a crime

Question 2

What is the definition of an involuntary act?

Answer 2

Where the mind is not in control of the muscles

Question 3

In which case was the definition of an involuntary act given?

Answer 3

Bratty

Question 4

In Hill V Baxter, give 3 examples of what could be an involuntary act when driving

Answer 4

• Swarm of bees
• Hit on head with rock
• Heart attack/ epileptic fit

Question 5

What is meant by Omission?

Answer 5

Faliure to act?

Question 6

What is the general rule for omission and what is the exception?

Answer 6

_Generally you are not responsible for a failure to act unless you have a duty

Question 7

What are the 5 types of duty?

Answer 7

Contractual, Relationship, Assuming responsibility voluntarily, Public office, Creating a dangerous situation?

Question 8

Contractual Duty (Case, brief story, why is was their duty)

Answer 8

R v Pittwood
Railway worker left gate open
-It was his job

Question 9

Relationship

Answer 9

R v Gibbins and Proctor

• Starved child
• He was her father

Question 10

Assuming responsibility voluntarily

Answer 10

R V Stone and Dobinson

• Ederly sister died of neglect
• They chose to look after her

Question 11

Public Office

Answer 11

R v Dytham
Police man didn’t stop fight
-Hes a police office- even off hours

Question 12

Creating a dangerous situaltion

Answer 12

R v Miller
Started a fire
-He created the fire

Question 13

What is the test for Factual causation?

Answer 13

But for test

Question 14

What case do we use for Factual Causation?

Answer 14

R v Pagett

-kidnapped pregnant GF

Question 15

Apply the but for test to Pagett

Answer 15

But for D using V as a human shield, V would not have died

Question 16

What is the contrasting case for Factual causation

Answer 16

R v White- Poisoned mother

Question 17

What is the test for Legal causation and what does it determine?

Answer 17

Operative and Substantial cause test to see if D was a significant cause

Question 18

Which case do we use for Legal Causation

Answer 18

R v Smith

- Solider stabbed another, punctured lung

Question 19

What are the 3 types of intervening acts?

Answer 19

Acts of the victim
Acts of a 3rd party
Acts of god

Question 20

For intervening acts to break the CoC, they must be…

Answer 20

Unreasonable and Unforeseeable

Question 21

What is the extra rule for medical treatment in breaking the CoC and which case shows this rule?

Answer 21

Palpably wrong

R v Jordan- given antibiotics +FLuids

Question 22

In R v Pagett, do the acts of the 3rd party break the chain of causation?

Answer 22

No because the polices actions were reasonable and foreseeable

Question 23

What 2 cases do we use for ACts of the victim and say whether they victims actions broke the CoC

Answer 23

R v Roberts- didnt break CoC, jumped out due to sexual advances

R v Williams- Did break CoC, small threat asking to see wallet

Question 24

What are acts of God

Answer 24

Natural and unpredictable events

Question 25

What is the THin SKull Rule and what case do we use?

Answer 25

Any Characteristics which make V more vulnerable/ weak will never break the CoC,
R v Blaue - jehovas witness

Question 26

What did the court say in R v Blaue

Answer 26

V Being a jehovas witness doesn’t break the CoC and D must take his victim as he finds him

Question 27

What does Mens Rea mean

Answer 27

Guilty Mind

Question 28

2 ways of proving intention

Answer 28

Direct and Oblique

Question 29

What is the definition of Direct Intent and which case shows this?

Answer 29

D’s decision or aim to bring about the prohibited consequence

Mohan

Question 30

What is Oblique Intention

Answer 30

When we cant prove D was really aiming to bring about the consequence however it was so obvious they may as well have intended it

Question 31

WHat case provides the test for Oblique intention (and what is the tests)

Answer 31

Woollin- throwing baby

1. Is the consequence virtually certain
2. Did D know the consequence was virtually certain

Question 32

WHat was the decision made in R v Woollin

Answer 32

Not Oblique intention as D Didnt know consequence was virtually certain or they wouldnt have thrown baby

Question 33

What other case do we use for oBlique intention + the outcome

Answer 33

Matthew and Alleyne
Threw V into river
Passes both Woollin test as they knew V couldn’t swim

Question 34

What is the definition/ test for recklessness

Answer 34

V realises theres a risk but continues regardless

Question 35

WHich case gave us the test for recklessness and why is it hard to prove intention

Answer 35

R v CUnningham- ripped out gas meter to get coins
-Didnt have direct intention to harm anyone but hard to prove oblique as D wasnt certain of consequence due to lack of knowledge

Question 36

What is meant bt transferred malice and which case did it work in

Answer 36

When mens rea can be transferred from intended V to actual V

R v Latimer- hit with belt

Question 37

What case do we use for when transfer of malice couldnt work and why

Answer 37

R v Pemblinton
Threw stone at people, smashed window
-Didn’t intend criminal damage to cant be transferred malice as didn’t have the mens rea

Question 38

WHat is meant be coincidence?

Answer 38

For a crime there must be the Actus reus and mens rea and they must be present at the same time

Question 39

What 2 things can we use when the MR and AR dont naturally coincide?

Answer 39

Single transaction theory

Continuing act

Question 40

Explain SIngle TRansaction Theory and the case used

Answer 40

When the mens rea occurs before the AR, the MR can be extended over all acts in a chain of events

R v Thabo meli- kidnapped guy

Question 41

Explain Continuing acts and the case example used

Answer 41

When the AR occurs before the MR, the AR can continue until the MR takes place

Fagan v MPC- Drive over police officer foot