General Elements of Criminal Law Flashcards
omission def
a failure to act when there was a duty to act
omission cases
Stone and Dobinson, Gibbons and Proctor, Miller, Pittwood
Stone and Dobinson, Gibbons and Proctor
a duty to care for someone assumed voluntarily
Miller
a duty to deal with a dangerous situation
Pittwood
a contractual duty
factual causation
“but for test” - White, Pagett
legal causation
“operating and substantial cause of the consequence” which means “significant, more than minimal cause” - Smith, Pagett
novus actus interveniens
the chain of causation can be broken by an intervening act that is not reasonably foreseeable
Roberts, Corbett
NAI: the victims own act
Pagett
NAI: the act of a 3rd party
Cheshire
NAI: medical negligence will usually not break the chain of causation
Jordan
NAI: medical negligence will break the chain of causation if “palpably wrong”
Blaue
NAI: the thin skull rule, where the consequence was due to the victims hidden weakness, the d must take his v as he finds them
direct intention
where the d makes a decision to bring about a particular consequence (Mohan)
indirect intention
where the consequence was a ‘virtual certainty and the d appreciated this (Woollin)
subjective recklessness
where the d foresees a risk of the consequence and carries on regardless (Cunningham)
transferred malice
where a crime is intended for one person but falls on another by accident (Latimer)
coincidence rule
general principle that the mr and ar must coincide at the same time (Thabo Meli, Fagan v MPC)
Mohan
direct intention
Woollin
indirect intention
Cunningham
subjective recklessness
Latimer
transferred malice
Thabo Meli
coincidence rule, series of events
Fagan v MPC
coincidence rule, continuing event
