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Law > Elements of a crime (RED BOOKLET) > Flashcards

Elements of a crime (RED BOOKLET) Flashcards

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1
Q

Define the term ‘actus reus’

A

Prohibited act

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2
Q

Name the 3 ways that the actus reus can be committed

A

1) By an act
2) By an omission
3) By a state of affairs

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3
Q

What type of conduct must the defendant have in order to be criminally liable? (in terms of an act)

A

Voluntary

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4
Q

What is the leading case that outlines the actus reus being committed by an act?

A

Hill V Baxter

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5
Q

What were the 3 examples identified in the case of Hill V Baxter of involuntary conduct?

A

1) Being stung by bees while driving and losing control
2) Being hit on head by stone
3) Having a heart attack or epileptic fit

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6
Q

What is an omission?

A

A failure to act

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7
Q

What is the general rule on omissions?

A

That you don’t have to endanger yourself to save someone else

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8
Q

What is the exception to the rule on omissions?

A

A person is only liable if they have a duty to act and fail to do so

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9
Q

Name the 5 types of duty (omissions)

A

Contractual, Relationship, Voluntarily assuming responsibility, Public office, creating a dangerous situation

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10
Q

What is the case that outlines contractual duty?

A

R v Pittwood

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11
Q

What are the brief case facts of R v Pittwood?

A

D worked for the railway and a man was killed on the railway line due to D failing to close the gate

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12
Q

What is the case for duty through relationship?

A

R v Gibbons and Proctor

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13
Q

What are the brief case facts for R v Gibbons and Proctor?

A

A father and his partner starved his child to death as they failed to feed her

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14
Q

What is the case for voluntarily assuming responsibility?

A

R v Stone and Dobinson

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15
Q

What are the brief case facts for R v Stone and Dobinson?

A

D and his girlfriend took responsibility to care for his elderly sister, they then failed to care for her and she died of neglect.

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16
Q

What is the case for duty through public office?

A

R v Dytham

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17
Q

What are the brief case facts of R v Dytham?

A

D was a policeman and watched a fight take place and a man was kicked to death

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18
Q

What is the case for creating a dangerous situation?

A

R v Miller

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19
Q

What are the brief case facts for R v Miller?

A

A man dropped a lit cigarette and started a fire and a house burned down

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20
Q

What is another possible case for creating a dangerous situation?

A

DDP v Santana Bermudez

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21
Q

Describe the brief case facts of DDP v Santana Bermudez

A

D didn’t declare there was a used needle in his pocked which then harmed a police officer (D had HIV and hepatitis)

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22
Q

Explain what is meant by a state of affairs crime

A

Where D is guilty of a crime purely because a situation exists

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23
Q

What are state of affairs crimes also known as?

A

Circumstance crimes

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24
Q

What is the leading case for state of affairs crimes?

A

R v Larsonneur

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25
Q

Describe the brief case facts of R v Larsonneur

A

D was ordered to leave the UK so went to Ireland however was deported back to the UK and convicted of ‘being an alien to whom leave to land in the UK had been refused’

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26
Q

Some crimes require a particular consequence in order for the defendant to be found guilty, what must be proved by the prosecution in order to convict D of the crime?

A

It must be proved that D caused the consequence to the victim

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27
Q

What are the two types of causation?

A

Factual and Legal

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28
Q

What test is used to prove factual causation?

A

The ‘but for’ test

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29
Q

Explain the ‘but for’ test

A

It must be proved that the consequence to V would not have happened ‘but for’ D’s conduct

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30
Q

What is the leading case for factual causation?

A

R v Pagett

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31
Q

Describe the brief case facts of R v Pagett

A

D used his pregnant girlfriend as a human shield when engaging in a shoot out with police (which he started)

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32
Q

Was the defendant in R v Pagett found guilty for murder and why?

A

Yes because BUT FOR D using his girlfriend as a human shield, she wouldn’t have died

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33
Q

In the case of R v White, was D guilty of murder?

A

No because BUT FOR D ginning his mother cyanide, she still would’ve died

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34
Q

Name the test for legal causation

A

The ‘operative and substantial’ test

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35
Q

How does the ‘operative and substantial’ test work?

A

It must be proved that D’s conduct was the operative and substantial cause of the consequence to V

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36
Q

In order for D to be found guilty, what must remain unbroken between D’s conduct and the consequence suffered by V?

A

The chain of causation

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37
Q

What is the leading case for Legal Causation?

A

R v Smith

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38
Q

Describe the brief facts of R v Smith

A

D stabbed V in chest. Medic was busy and didn’t treat V for punctured lung and V died.

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39
Q

Why was D in R v Smith convicted of murder?

A

Because D stabbing V in the chest was still the operative and substantial cause of V’s death

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40
Q

What are events which take place between D’s conduct and the consequence known as? (in latin and english)

A

Novus Actus Interveniens - Intervening Acts

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41
Q

An intervening act will only break the chain of causation if it is…

A

1) Sufficiently independent of the defendant’s actions and

2) Sufficient enough to break the chain of causation

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42
Q

What 3 things are capable of breaking the chain of causation?

A

1) Actions of a third party
2) Victim’s own actions
3) Natural and unpredictable event (Acts of God)

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43
Q

What is the leading case in which the actions of a third party break the chain of causation?

A

R v Jordan

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44
Q

Describe the brief case facts of R v Jordan

A

D stabbed V. V was given antibiotics that he was allergic to and excess intravenous liquids. V developed pneumonia as a result and died.

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45
Q

Why was the defendant in R v Jordan found not guilty of murder?

A

Because the medical treatment was ‘palpably wrong’ and broke the chain of causation

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46
Q

What is the case whereby V’s own actions broke the chain of causation?

A

R v Williams

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47
Q

Describe the brief case facts of R v Williams

A

V jumped out of a moving car to prevent theft of Glastonbury tickets and died

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48
Q

Was D in R v Williams found guilty and why/why not?

A

No because V’s actions were unforeseeable and unreasonable and therefore broke the chain of causation

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49
Q

What is the case whereby V’s own actions didn’t break the chain of causation?

A

R v Roberts

50
Q

Describe the brief case facts of R v Roberts

A

V jumped out of moving car to escape sexual assault and died

51
Q

Was D found guilty in the case of R v Roberts and why?

A

Yes because it was reasonable and foreseeable that V would jump out of the car to escape the assault

52
Q

In order for V’s actions to break the chain of causation they must be…

A

Unreasonable, unforeseeable and disproportionate

53
Q

In order for a natural and unpredictable event to break the chain of causation, what must it be?

A

Independent from D’s conduct, serious enough to break the chain and unforeseeable

54
Q

Give 2 examples of a natural and unpredictable event that could potentially break the chain of causation

A

Earthquake

Tsunami

55
Q

Explain the thin skull rule

A

Any characteristic which makes V more vulnerable to D’s conduct will not break the chain of causation and D will still be liable for the consequence caused to V

56
Q

What is the thin skull rule often described as?

A

‘Take your victim as you find him’

57
Q

What is the leading case for the thin skull rule?

A

R v Blaue

58
Q

Describe the brief case facts of R v Blaue

A

D stabbed V. V needed blood transfusion but refused on account of being a Jehovah’s Witness and died

59
Q

Was D in R v Blaue found guilty and why/why not?

A

Yes because it was irrelevant that V was a Jehovah’s witness in accordance with the thin skull rule

60
Q

Give 3 examples of conditions that the thin skull rule applies to

A

Haemophilia, Osteoporosis, Thin Skull

61
Q

Translate the term ‘mens rea’

A

Guilty mind

62
Q

Define the term ‘mens rea’

A

The intention to commit a crime. The state of mind when committing a crime.

63
Q

What are the two main types of mens rea?

A

Intention and Recklessness

64
Q

What are the two types of intention?

A

Direct and Indirect/Oblique

65
Q

What is the test for direct intention?

A

It must be proved that D set out/aimed to bring about the prohibited consequence

66
Q

What is the leading case for direct intention?

A

R v Mohan

67
Q

Describe the brief facts of R v Mohan

A

Police officer stepped out into road in order to stop D’s car and D accelerated towards the police officer

68
Q

What type of test is the test for direct intention?

A

Subjective

69
Q

What factors in a crime would suggest that D has direct intention?

A

Use of a weapon, Racist attack, Homophobic attack, Premeditated, Sustained attack, Vulnerable areas of the body

70
Q

What is the test for indirect intention?

A

1) That the prohibited consequence was a virtual certainty

2) D realised this

71
Q

What is the leading case for indirect intention?

A

R v Woollin

72
Q

Describe the brief facts of R v Woollin

A

D’s baby was crying, D lost his temper and threw his baby 5 feet in the direction of the pram, the baby hit the wall and died. D was charged with murder.

73
Q

Was D in R v Woollin found guilty or not guilty and why?

A

Not guilty as he didn’t realise that throwing his baby was a virtual certainty of death and therefore didn’t have the mens rea of indirect intention so couldn’t be convicted

74
Q

Is the test for indirect intention objective or subjective?

A

Both

75
Q

Name a case whereby D’s were convicted of indirect intention

A

R v Matthews and Alleyne

76
Q

Describe the brief case facts of R v Matthews and Alleyne

A

D’s threw V into a river at night knowing he couldn’t swim. V died.

77
Q

What is the leading case for recklessness?

A

R v Cunningham

78
Q

Describe the brief case facts of R v Cunningham

A

D rips gas meter off the wall to steal money. Gas leaks into neighbouring property and D poisons his future mother in law.

79
Q

What is the test for recklessness?

A

Where D realises a risk but carries on regardless

80
Q

Why was D acquitted in the case of R v Cunningham?

A

Because the defence proved that D didn’t realise the risk of pulling the gas meter off of the wall

81
Q

Is the test for recklessness subjective or objective?

A

Subjective

82
Q

Describe transferred malice

A

It’s where D has the mens rea of one particular crime and performs the actus reus of that same crime but in a different way (e.g. Different victim). The mens rea can be transferred to the actual victim and D will be found guilty

83
Q

What is the leading case whereby transferred malice is successful?

A

R v Latimer

84
Q

Describe the brief case facts of R v Latimer

A

D got into a fight in a pub and hit the man which bounces off the man and hits a woman in the face

85
Q

Was D in R v Latimer convicted of battery and why?

A

Yes because he committed the actus reus and the mens rea can be transferred from the intended victim to the actual victim

86
Q

What is the case whereby D couldn’t be convicted with transferred malice?

A

R v Pembliton

87
Q

Describe the brief case facts of R v Pembliton

A

D was arguing with a group of people and throws a stone at them. He missed and hit a window instead.

88
Q

Why couldn’t D in R v Pembliton be convicted of criminal damage?

A

Because he had the actus reus of criminal damage but the mens rea of battery (the mens rea cannot be transferred between crimes)

89
Q

In what instance can transferred malice not be transferred?

A

From person to property and vice-versa

90
Q

Describe the principle of coincidence

A

For d to be guilty the mens rea and actus reus must occur at the same time

91
Q

Define single act transaction

A

If D possesses the MR of a crime before the AR happens they can be linked by extending the MR to meet the AR

92
Q

What is the leading case for single act transactions?

A

R v Thabo Meli

93
Q

Describe the case facts of R v Thabo Meli

A

D’s beat V with a baseball bat with an intention to kill, they threw his body off a cliff thinking he was dead but in fact D died 2 days later of exposure

94
Q

When did the actus reus occur in the case of R v Thabo Meli?

A

2 days after the MR was possessed

95
Q

What was the courts reasoning for convicting the D’s in the case of R v Thabo Meli?

A

Beating V with the intention of killing was a single series of events so therefore the MR was extended so that the AR and MR would coincide

96
Q

Give the definition for continuing act

A

If the AR of a crime occurs before D has the MR of the crime then the AR can be extended to meet the MR

97
Q

What is the leading case for continuing acts?

A

Fagan v Metropolitan Police Commissioner

98
Q

Describe the brief case facts of Fagan V Metropolitan Police Commissioner

A

D accidentally drove his car onto a policeman’s foot. V shouted at D to move the car but D laughed and refused to move

99
Q

Why was D in the case of Fagan v Metropolitan Police Commissioner convicted of ABH?

A

AR was continued to when D formed the MR of ABH so they therefore coincided so D could be convicted

100
Q

What is a strict liability offence?

A

An offence that does not require mens rea, D can be convicted purely based on actus reus

101
Q

What is the leading case for strict liability?

A

Callow v Tillstone

102
Q

Outline brief case facts of Callow v Tillstone

A

D, a butcher was convicted of selling bad meat despite the meat being certified by a vet as safe

103
Q

When will a judge use the Gammon rules?

A

When a statute is unclear where mens rea is concerned

104
Q

What is rule 1 (gammon rules)?

A

Presumption of mens rea

105
Q

What is a presumption of mens rea?

A

When a judge will presume that mens rea is still required in order for D to be found guilty

106
Q

What is the leading case for presumption of mens rea?

A

Sweet v Parsley

107
Q

Outline brief case facts of Sweet v Parsley

A

D was acquitted for ‘managing premises used for drug taking’ on the basis that she was unaware that students were using her farmhouse to smoke cannabis

108
Q

What is rule 2a (gammon rules)?

A

If the statute relates to an issue of social concern then mens rea will not be required

109
Q

What is the leading case for social concern? (strict liability)

A

Harrow LBC v Shah

110
Q

What was the social concern in Harrow v Shah?

A

Underage gambling

111
Q

Outline brief case facts of Harrow v Shah

A

D was convicted as an employee sold someone underaged a lottery ticket, despite D taking many precautions to prevent this from happening

112
Q

What is rule 2b (gammon rules)?

A

A statute which concerns an issue of public safety will not require mens rea

113
Q

What was the public safety in the case of Smedleys v Breed

A

Food hygeine

114
Q

Outline brief case facts of Smedleys v Breed

A

A small caterpillar was found in one out of 3 million tins of peas, manufactured by D, D was convicted under food and drugs act 1955

115
Q

What are the 3 reasons for strict liability?

A

Encourages high standards
Easier convictions
Small punishments

116
Q

Give an explanation as to why strict liability encourages high standards

A

If D knows he will be convicted without mens rea then they will take more care

117
Q

Give a case example where strict liability would encourage higher standards

A

Smedleys v Breed

118
Q

Give an explanation as to why strict liability allows for easier convictions

A

As prosecution only have to prove actus reus so cases can be wrapped up quickly and thus is cheaper for the tax payer

119
Q

Give a case example where strict liability allowed for an easy conviction

A

Harrow v Shah

120
Q

Why are small punishments a reason for strict liability

A

Punishments are usually a small fine or revocation of D’s license and therefore making strict liability more justifiable to impose

121
Q

Give a case example where strict liability resulted in a small punishment

A

Harrow v Shah

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