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Criminal Law > Fundamentals > Flashcards

Fundamentals Flashcards

1
Q

What is “Actus reus” ?

A

“Guilty Act” - The physical element of crime - what was actually done / not done ?

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2
Q

What is the voluntary nature of the Actus reus ?

A

Means the actus reus cannot be carried out if the defendant has no control over their actions.

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3
Q

What is a conduct crime ?

A

Where the conduct itself is a criminal offence and no further consequence is required to form an offence.
E.g Drink driving …

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4
Q

What is a consequence crime ?

A

A crime, wherein the conduct itself is not a criminal offence, unless such conduct leads to a consequence which then forms the basis for an offence.
E.g Murder …

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5
Q

What is “mens rea” ?

A

“Guilty mind”- The mental element of crime - the level of intention.

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6
Q

What are the different types of mens rea ?

A
  1. Direct intention
    2.Oblique intention
    3.Subjective recklessness
    4.Negligence
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7
Q

What is direct intent ?
+Supporting case

A

Where the defendant intends the specific consequence to occur (Rv Mohan)

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8
Q

What is oblique intent ?
+ Supporting case

A

Where the defendant does not have direct intent however the chances of such consequence occurring as a result of there conduct is a “virtual certainty”. (Woolin)

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9
Q

What is subjective recklessness ?
+ Supporting case.

A

Where the defendant is reckless, meaning they understood the risk their conduct carried, however carried out his/her actions anyway. (Cunningham)

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10
Q

What is negligence ?

A

“Carelessness”, where the defendant fails to meet the standards upheld by the “reasonable man”

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11
Q

What is causation ?

A

What caused the crime ? - from start to end (chain of events)

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12
Q

What are the two types of causation ?

A
  1. Factual causation
  2. Legal causation
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13
Q

How is factual causation established ?
(Which case defines this ?)

A

Using the “but for test” *
Would ….. have occurred “but for” D’s conduct ?
Rv White *

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14
Q

How is legal causation established ?
(Which case defines this ?)

A

The defendants conduct must be “more than a minimal cause and the substantial cause” of the end consequence.
Rv Paggett *

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15
Q

What is meant by “novus actus interveniens”

A

An intervening act which breaks the chain of causation

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16
Q

What are the three types of intervening act ?

A
  1. Act of a third party
  2. Victims own actions
    3.”Act of god”
17
Q

Act of a third party …

A

A third party - independent of the conduct of the defendant which intervenes leading to a different outcome - breaks the chain of causation if sufficiently serious *

18
Q

Victims own actions …

A

Are judged whether its a reasonable/unreasonable reaction.
If the victim actions are reasonable in the circumstances, the chain will not be broken. While if they’re unreasonable, the chain will be broken.

19
Q

What is a strict liability offence ?

A

A criminal offence, which does not require a mens rea, in respect of at least one element of the actus reus.

20
Q

Act of God…

A

Must be an intervening event, which could not have been predicted or prevented in order to break the chain of causation.

21
Q

What are some examples of strict liability offences ?

A
  1. Sale of “unsound meat” - Callow v Tillstone
  2. The sale of age restricted products to underage individuals (Sharrow LBC v Shah and Shah)
  3. Pollution of bodies of water - Alphacell ltd v Woodward
22
Q

What is transferred malice ?

A

Where the defendant intended to carry out a crime against a person, however it was against a different victim than intended - the men’s rea is transferred from the intended victim to the actual victim, s AR and MR can be satisfied *

23
Q

What is a case for transferred malice ?

A

-Latimer
-Pembliton

24
Q

What is the coincidence rule ?

A

The actus reus and mens rea must coincide in one way *

25
Q

What was established in Thabo meli v R about the coincidence rule ?

A

Where coincidence is still satisfied, even if the actus reus and mens rea are present at different times - as part of the same chain of events.

26
Q

What was established in Fagan v Metropolitan Police Commissioner about the coincidence rule ?

A

The actus reus and mens rea are satisfied, when the defendant is unaware they’re committing the crime - but when they find out, they continue .

Criminal Law (7 decks)

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