Elements of criminal law Flashcards
What is burden of proof in criminal law ?
Beyond all reasonable doubt
Woolmington v DPP 1935
Reginald woolmington was a 21 year old farm labourer from Castletown Dorset. He married 17 year old violet in August 1934. She gave birth to his child in October. Shortly after, the couple fell out. On 22nd November 1934 , violet left the matrimonial home to live with her mother.
On 10 December Reginald stole a double barrelled shot gun and cartridges from his employer and sawed off the barrel. He then cycled to his mother and laws house where he shot and killed violet. He was arrested on 23rd January 1935 and was charged with murder.
Woolmingtons defence was that he did not intend to kill and thus lacked the necessary men’s rea. Specifically, he claimed that he wanted to win her back and planned to scare her by threatening to kill himself if she refused to. He had attempted to shower her the gun which discharged accidentally killing her instantly.
R v Mitchell 1983
D tried to push into a queue in the post office. A 72 year old man told him off for this. D punched this man, causing him to stagger backwards into an 89 year old women. The women was knocked over and injured, and a few days later dies from her injuries.
D was convicted of unlawful act manslaughter. The man who had been punched and fallen against the women was not liable for the act.
R v larsonneur
Involuntariness
The defendant was a French national who had entered the uk lawfully but was given only limited permission to remain in the country. At the end of that period the defendant left England not to return to France but to travel to the Irish free state.
The Irish authorities made a deportation order against her and she was forcibly removed from Ireland and returned to the uk. On arrival in England the defendant was charged under the aliens order 1920 with being found in the uk whilst not having permission to enter the country.
The defendant was convicted, and appealed on the basis that her return to the uk had not been from her own free will in that she had forcibly been taken to England by the immigration authorities. The court of appeal dismissed her appeal on the simple basis that the prosecution had proved the facts necessary for a conviction.
Ommission
Failure to act
Will be held criminally liable to failing to act where :
There is a duty created by the statute
They have a contractual duty to act
There is a duty imposed by their official position
They have voluntarily accepted responsibility for another
They have created a dangerous situation
There is a special relationship
Duty created by statute
Road traffic act failure to provide breath specimen when required to stop and report a road traffic accident
Children and young persons act 1993 for failure to send a child to school or to not provide food , clothes and lodgings .
Contractual duty to act
Contained in the person contract eg a lifeguard when he’s on duty
Pittwood 1902
Pittwood was a railway employee with responsibility to open and shut the gates on the railway crossing. He failed to shut them and went on his break. A hay cart was driving a cross and hit by a train. The driver of the hay cart was killed and Pittwood was found criminally liable.
Special relationship
