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Law paper 1 > General Elements (CL book 1) > Flashcards

General Elements (CL book 1) Flashcards

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1
Q

ACTUS REUS

What are the steps to success for Actus Reus?

A

Intro - doing part of a crime
1. Voluntary Act (Baxter)
2. State of Affairs (Larsonneur)
3. Omissions (relevant cases)
4. Causation - factual/legal (White+Pagett)
5. Novus Actus Interveniens
(relevant cases)

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2
Q

ACTUS REUS

What is the definition of Actus Reus?

A

The physical element of a crime (doing part). It can be an act , state of affairs, or omission.

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3
Q

ACTUS REUS

What is a voluntary act?

A

Something done of purpose or something you can control.

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4
Q

ACTUS REUS

What is the case for voluntary act?

A

Baxter

D fell asleep driving. This is voluntary as it can be controlled.

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5
Q

ACTUS REUS

What is a ‘State of affairs’?

A

This is when you can be guilty for being rather than doing something.

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6
Q

ACTUS REUS

What is the case for state of affairs?

A

Larsonneur

D was deported to england , then arrested for being in england illegally. Still Guilty.

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7
Q

OMISSION

What is an omission?

A

Where someone fails to act and it results in liability.

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8
Q

OMISSION

What are the 9 areas of omissions?

A

1.Good samaritan rule
2.omissions under statute
3.contractual duties
4.acceptance of care
5.duty via relationship
6.creation of danger
7.public duties
8.public policy
9.termination of duty

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9
Q

OMISSION

What is the good samaritan rule?

A

There is no good samaritan rule in the Uk so people have no obligation to help random strangers .

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10
Q

OMISSION

What are omissions under statute?

A

Where an act of parliament creates a duty of care

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11
Q

OMISSION

What is the case for omissions under statute?

A

S.170 road traffic act 1988
e.g failure to stop and report accident

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12
Q

OMISSION

What is the case for contractual duties?

A

Adomako

Didn’t notice patients oxygen pipe disconnected. Patient died.

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13
Q

OMISSION

What is the case for acceptance of care?

A

Stone and Dobinson

Ds let unwell sister move in w them. her condition got worse they didn’t help. LBO for manslaughter.

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14
Q

OMISSION

What is the case for duty via relationship?

A

Gibbins and proctor

Ds starved their child to death. LBO

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15
Q

OMISSION

What is the case for creation of danger?

A

Evans

D gave sister heroin and didn’t call ambulance when she overdosed. LBO.

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16
Q

OMISSION

What is the case for public duties?

A

Dytham

Policeman watcher man kill someone and didn’t intervene.

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17
Q

OMISSION

What is the case for public policy?

A

Wacker

D helped people come to england in back of lorry. He closed air vents and they suffocated

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18
Q

OMISSION

What is the case for termination of a duty?

A

Bland

Doctor turned off life support as it was in best interest of patient.

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19
Q

OMISSION

What is termination of a duty?

A

When a doctor turns off life support

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20
Q

OMISSION

What are public duties?

A

When Ds position creates a duty of care. E.g. police, polititian.

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21
Q

CAUSATION

What are the 2 types of causation?

A

Factual and Legal

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22
Q

CAUSATION

What is the test for factual causation?

A

But for test

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23
Q

CAUSATION

What is the case for factual causation?

A

White

D tried to poison mum, she died of heart attack before

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24
Q

CAUSATION

What is the test for legal causation?

A

Culpable act
Substantial and operative cause
more than minimally responsible

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25
Q

CAUSATION

What is the case for legal causation?

A

Pagett

Man used gf as human shield when shooting at the police

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26
Q

INTERVENING ACTS

What are the 4 types of intervening acts?

A
  1. Thin skull rule
  2. Vs own acts
  3. 3rd parties
  4. Unpredictable / natural events
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27
Q

INTERVENING ACTS

What is the rule for thin skull rule?

A

You must take your victim as you find them

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28
Q

INTERVENING ACTS

What is the case for thin skull rule?

A

Blaue

Jehovas witness refused blood

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29
Q

INTERVENING ACTS

What are the 3 types of Vs own acts?

A

Escape
Self treatment / Refusal
Self injection

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30
Q

INTERVENING ACTS

What is the rule for escape (vs own acts)?

A

so daft that no reasonable person would foresee it

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31
Q

INTERVENING ACTS

What is the case for escape (vs own acts)?

A

Roberts

v jumped out moving car to escape assult

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32
Q

INTERVENING ACTS

What is the rule for self treatment / refusal (vs own acts)?

A

this will never break the chain

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33
Q

INTERVENING ACTS

What is the case for self treatment/ refusal (vs own acts)?

A

Holland

D cut V, it got infected and he died as he refused treatment

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34
Q

INTERVENING ACTS

What is the rule for self injection (vs own acts)?

A

Depends on who injects drug. If v gives it to themself chain is broken. If D injects v they could be liable.

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35
Q

INTERVENING ACTS

What is the case for self injection (vs own acts) where v injected themself

A

Kennedy

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36
Q

INTERVENING ACTS

What is the case for self injection (vs own acts) where d injected v

A

Cato

drug dealer injected v so was liable

37
Q

INTERVENING ACTS what’s the general rule for 3rd parties

A

will break chain if it’s not foreseeable

38
Q

INTERVENING ACTS what is the case for 3rd parties general rule

A

Shohid
ds didn’t let v off train tracks

39
Q

INTERVENING ACTS what is the 3rd parties medical rule

A
  1. palpably wrong
  2. independent
  3. operative (main) cause of death
40
Q

INTERVENING ACTS what is the case for 3rd parties medical rule where it DID break the chain

A

Jordan
v given antibiotics they were allergic to and died from reaction - stab wound healed

41
Q

INTERVENING ACTS what is the case for 3rd parties medical rude that DIDNT break the chain

A

Cheshire
v died from treatment. needed treatment because d shot him

42
Q

INTERVENING ACTS what is the rule for 3rd parties life support

A

won’t break chain if no activity in brain stem cells

43
Q

INTERVENING ACTS what is the case for 3rd parties - life support

A

Steel
stabbed wife and put her on life support. argued turning it off broke the chain. it didn’t

44
Q

INTERVENING ACTS what is the rule for natural and unpredictable events

A

will break chain if unforseeable

45
Q

INTERVENING ACTS what is the case for natural and unpredictable events

A

Hart
left v unconscious below tide line. forseeable water would drown her. G

46
Q

ATTEMPTS / PRELIMINARY OFFENCES steps to success

A

intro - criminal attempts act 1981
1. AR - s.1
2. AR cases + tests (white) (gullefer) ( geddes)
3. MR - s.1
4. MR attempted murder (whybrow)
5. Impossible crimes (shivpuri)

47
Q

ATTEMPTS / PRELIMINARY OFFENCES intro

A

if they attempt a crime but don’t carry it through, or if they attempt but causation isn’t proved. S.1 criminal attempts act 1981

48
Q

ATTEMPTS / PRELIMINARY OFFENCES what act is this in

A

s.1 criminal attempts act 1981

49
Q

ATTEMPTS / PRELIMINARY OFFENCES what is the main case

A

White
D tried to poison V she died of heart attack before

50
Q

ATTEMPTS / PRELIMINARY OFFENCES what does D need to satisfy to be guilty of an attempt

A

Actus Reus and Mens Rea

51
Q

ATTEMPTS / PRELIMINARY OFFENCES what is the AR

A

an act that’s more than merely preparatory (MTMP)

52
Q

ATTEMPTS / PRELIMINARY OFFENCES what are the cases for AR

A

Gullefer - disrupted dog race so he didn’t loose bet
Geddes - found in school with knife, rope

53
Q

ATTEMPTS / PRELIMINARY OFFENCES What test did Gullefer establish

A

D must embark on crime proper

54
Q

ATTEMPTS / PRELIMINARY OFFENCES What test did Geddes establish

A

must have moved from planning/ preparing to execution

55
Q

ATTEMPTS / PRELIMINARY OFFENCES What is the MR

A

Direct intention. recklessness not sufficient

56
Q

ATTEMPTS / PRELIMINARY OFFENCES What is the case for MR

A

Whybrow
connected electricity to soapdish. d didn’t have intent to kill, only GBH

57
Q

ATTEMPTS / PRELIMINARY OFFENCES What is the rule for impossibly

A

Can be guilty even if on the true facts it was impossible

58
Q

ATTEMPTS / PRELIMINARY OFFENCES What is the case for impossibility

A

Shivpuri
tried to smuggle heroin, it was vegetable matter , guilty

59
Q

ATTEMPTS / PRELIMINARY OFFENCES what happens if D withdraws from the crime

A

they won’t be guilty unless they have gone MTMP

60
Q

MENS REA Steps to success

A

Intro - guilty mind
1. Direct intention (adebolajo)
2. Oblique intent (woolin and test)
3. Recklessness (cunningham and test)
4. Negligence (adomako)
5. Coincidence (Fagan) / Transfered malice (gammon rules)

61
Q

MENS REA what is direct intent

A

desiring a consequence and trying to bring that about

62
Q

MENS REA what is the case for direct intent

A

Adebolajo
wanted to kill a british soldier

63
Q

MENS REA What is oblique intent

A

when your action causes an undesired consequence

64
Q

MENS REA what is the case for oblique intent

A

Woolin
D threw baby to pram but missed and it died

65
Q

MENS REA What test did woolin establish

A
  1. death /harm was a virtual certainty
  2. d knew it was virtually certain
66
Q

MENS REA
What is recklessness?

A

consciously taking an unjustified risk

67
Q

MENS REA what is the case for recklessness

A

Cunningham
pulled gas meter off wall for money. caused gas leak

68
Q

MENS REA what is the test for recklessness

A
  1. d took unjustified risk
  2. d knew it was a risk and carried on regardless
69
Q

MENS REA what is negligence

A

where your actions fall below what is expected of you

70
Q

MENS REA what is the case for negligence

A

Adomako
doctor didn’t know patients oxygen pipe was loose and they died

71
Q

MENS REA what is transferred malice

A

D intends to harm one person but accidentally harms another

72
Q

MENS REA what is the case for transferred malice

A

Mitchell
pushed man who fell into and killed an old woman
no requirement for act to be against victim

73
Q

MENS REA what is coincidence

A

MR can coincide with AR, if AR is a continuing act

74
Q

MENS REA what is the case for coincidence

A

Fagan
drove on POs foot and refused to drive off

75
Q

MENS REA What is strict liability

A

crimes which require no proof of MR .mainly applies to regulatory laws

76
Q

MENS REA what is the case for strict liability

A

the gammon rules

77
Q

INTENTION: MURDER what are the 4 levels of intent

A

direct intent to kill
direct intent for gbh
oblique intent to kill
oblique intent for gbh

78
Q

INTENTION: MURDER what is the case for direct intent

A

adebolajo
DI to kill a british soldier

79
Q

INTENTION: MURDER what is the case for oblique intent

A

woolin
threw baby
virtual certainty test

80
Q

STRICT LIABILITY Steps to success

A

intro - lord scarman - gammon rules
1. presumption of MR (parsley)
2. wording /context of act (cundy)
3. quasi offences (shah and shah)
4. danger/ social concern (gammon)
5. detterence

81
Q

STRICT LIABILITY what is the presumption of MR

A

courts start by presuming MR is required when it’s a true crime

82
Q

STRICT LIABILITY what is the case for presumption of MR

A

parsley
people grew drugs in her home without her knowing. NG

83
Q

STRICT LIABILITY what is the wording and context of the act

A

if the offence doesn’t refer to MR in the act of parliament they look at other offences in the same act. if the others don’t refer to MR it is presumed a strict liability offence

84
Q

STRICT LIABILITY what is the case for wording and context of the act

A

cundy
served alcohol to drunk person without knowing . G

85
Q

STRICT LIABILITY what are quasi offences

A

minor offences. often SL

86
Q

STRICT LIABILITY what is the case for quasi offences

A

shah and shah
sold lottery ticket to someone underage without knowing. given fine

87
Q

STRICT LIABILITY what is the degree of danger and social concern

A

if it is dangerous to society or a social concern, it is likely to be SL to protect people

88
Q

STRICT LIABILITY what is the case for degree of danger and social concern

A

gammon
didn’t follow building plans and they collapsed. G due to danger to society

89
Q

STRICT LIABILITY what is deterrence

A

SL will be imposed to deter people from committing the same offence

Law paper 1 (10 decks)

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