Everything Flashcards
What counts as a ‘crime’?
The court declares something a crime because she passes acts of parliament apart from when a judge creates a law.
What was made a crime in RvR (1991)?
Marital rate
Woolmington v DPP (1935)
Shot wife with gun hidden in his coat
Found guilty of murder
Woolmington v DPP (proves)
Confirms standard of proof and burden of proof
Sorts out issues of intention
What is actus reas?
Guilty act
What is omissions?
Failing to do something
What is causation?
The issue here is that very often the prosecution will have to prove that the defendant actually caused the consequence.
Important phrase
‘Actus non facit reum nisi mens sit rea
Malice aforethought
Intention (mens rea)
What is criminal liability??
Finding somebody guilty
Omissions
Statutory duty to act Contractual duty to act Public office Relationship ‘Voluntarily assumed’ Rectify the dangerous situation that D has himself created
What is the chain of causation?
D started the whole chain off he should take responsibility for the final outcome.
What is novus actus interveniens??
New intervening act
Brakes the chain of causation
Causation issues that p has to prove
Factual and legal causation
Subjective approach
Accused is regarded as a unique person.
Takes into account age, characteristics etc
Objective approach
Not regarded as a unique person.
Doesn’t take into account anything about the defendant
Meaning of mens rea
Mental element
Intention
Highest degree
Required for offences such as murder s.18 wounding or grievous bodily harm
Recklessness
Required for offences such as s.47 actual bodily harm
Negligence
Lowest degree
Required for gross negligence manslaughter
Direct intention
Aim to do it and want to do it
Oblique/indirect intention
D does not desire the outcome but realises that it might occur
S8 of the criminal justice act 1967
If the consequences of your actions are quite obvious this does not mean that the jury might infer that it might have been intended
Transferred malice
Malice - intention
R v Latimer (1986)
Gnango (2011)
R v Pembliton (1874)
Recklessness (definition)
Type of men’s rea
D can be found guilty for taking an unjustified risk
Strict liability
With these crimes the prosecution does NOT need to prove that D had mens rea in order to find them guilty.
Key cases for strict liability
Sweet v Parsley (1969)
Gammon (1984)
Factors of strict liability (1)
1 - more likely to be classed as strict liability if the crime is only regulatory (breaking the rules) and NOT ‘truly criminal’
Factors of strict liability (2)
The statute IMPlIES that the offence is strict liability
Factors of strict liability (3 & 4)
Where there is an issue of social concern
If deciding the offence of social concern is one of strict liability will help ensure the crime is not committed
Strict liability and sexual offences
S.5 - rape of a child under 13 (no mens rea required)
S.7 - sexual assault of a child under 13 (no mens rea required)
S.9 - sexual activity with a child under 16 (mens rea required)
