Elements of Crime Flashcards
What is Actus Reus
The physical part of a crime
Will D’s conduct have to be voluntary or involuntary to be found guilty.
Voluntary. An involuntary act is one done by the muscles without any control by the mind
What is an omission
Not acting/Failing to act
What is the general rule of omissions
That there is no liability for an omission (i.e. You aren’t responsible if you don’t act)
What is the exception to the omissions rule.
A person is only liable for an omission if they have a duty to act and they fail to do so
What is a duty
A responsibility to act
What are the 5 types of duty
- Contractual
- Relationship
- Assuming Responsibility Voluntarily
- Public Office
- Creating a dangerous situation
What is the case for contractual duty
R v Pittwood - D worked on the railway. A man was killed after D forgot to close the gates.
What is the case for relationship duty
R v Gibbins and Proctor - A father and his partner killed their child by starving her
What is the case for assuming responsibility voluntarily duty
R v Stone and Dobinson - D chose to care for his elderly sister but she died after poor treatment.
What is the case for public office duty
R v Dytham - A police officer watched a fight happen and a man died.
What is the case for creating a dangerous situation duty
R v Miller - D dropped a cigarette and it started a fire that he failed to alert anyone about.
What are the two types of causation
Factual and Legal
What is the test for factual causation
‘But for’ test - Proves whether or not V’s consequences would have happened without D’s conduct
What are the two cases for factual causation
- R v Pagett - V would not have been harmed
- R v White - V would have been harmed
What is the test for legal causation
‘Operative and substantial’ cause test - Prvoes whether or not D’s conduct was a significant cause of V’s consequences.
What is the case for legal causation
R v Smith
R v Cheshire gave us the de minimus rule which stated D’s actions must be more than a minimal cause
When will intervening acts break the chain of causation
If they are unreasonable and unforeseeable
What are the 3 types of intervening acts
- Acts of a third party
- Acts of the victim
- Acts of god
What are the cases for acts of a third party
- R v Pagett - D was still significant cause
- R v Jordan - D wasn’t significant cause as doctors acted palpably wrong
What are the cases for acts of the victim
R v Roberts - V jumped out a car after D made sexual advances
R v Williams - V jumped out a car after D asked to see her wallet
What are some examples of acts of god
- Volcanic eruption
- Lightning
- Earthquake
What is the thin skull rule
A rule that means the chain of causation is not broken. This is because the victim was more vulnerable e.g. allergy.
What kind of conditions does the rule apply to
- Physical conditions e.g. brittle bones
- Psychiatric conditions e.g. mental illnesses
What case did the thin skull rule come from
R v Blaue - V refused a blood transfusion due to their religion and died. D was liable for the death despite not meaning to kill V.
What is mens rea
The mental part of a crime. It refers to D’s state of mind whilst committing the crime.
What are the two types of mens rea
- Intention - Direct/Indirect Intent
- Recklessness
What is direct intent
Where D set out to cause the consequence
What case did direct intent come from
Mohan - the judge said direct intent is when there is a decision to bring about a consequence.
What is indirect intent
When D’s conduct will obviously cause harm, even if D didn’t want the consequence to happen
What case is used for indirect intent
R v Woollin - D tried to throw his baby into the pram but missed and it hit the wall
What is the test for indirect intention
- The consequence of D’s conduct was virtually certain
2. D realised the consequence was virtually certain
What is the test for recklessness
3r test - D realises there is a risk involved in his conduct, but carries on regardless
When will medical treatment break the chain of command
When the treatment is palpably wrong (R v Jordan)
What is the structure to prove causation
- Explain factual causation
- Apply ‘but for’ test (with case its similar to)
- Say whether factual causation is proven or not
- Explain legal causation (state case its from)
- State ‘de minimus’ rule from R v Cheshire
- Say whether legal causation is proven
- State and explain any intervening acts
- Say the case the intervening act relates to
- Say if it breaks the chain of causation
- Say if D is the legal cause or not
What is the test for direct intent?
Whether or not D made a decision to cause V’s consequences
What car did recklessness come from
R v Cunningham
What is transferred malice?
When D intended to commit a crime on one person, but actually commits it on someone else.
What is the case for transferred malice?
R v Latimer - D intended to hit X with a belt but ended up hitting X and V
R v Pembliton - D threw a stone trying to hit some people but missed and hit a car
What is the principle of coincidence?
For an offence to take place the defendant usually needs both the actual reus and mens rea of the offence and they need to be present at the same time
What is the single transaction theory?
When D has the men’s era before the actual reus, the mens rea can be extended to any acts in a chain of events
What is the case for single transaction theory?
R v Thabo Meli
What is continuing act
When D has the actus reus before the mens rea, the actus reus can continue until the mens rea occurs
What is the case for continuing act
Fagan v MPC
