General Elements of Criminal Law

Question 1

omission def

Answer 1

a failure to act when there was a duty to act

Question 2

omission cases

Answer 2

Stone and Dobinson, Gibbons and Proctor, Miller, Pittwood

Question 3

Stone and Dobinson, Gibbons and Proctor

Answer 3

a duty to care for someone assumed voluntarily

Question 4

Miller

Answer 4

a duty to deal with a dangerous situation

Question 5

Pittwood

Answer 5

a contractual duty

Question 6

factual causation

Answer 6

“but for test” - White, Pagett

Question 7

legal causation

Answer 7

“operating and substantial cause of the consequence” which means “significant, more than minimal cause” - Smith, Pagett

Question 8

novus actus interveniens

Answer 8

the chain of causation can be broken by an intervening act that is not reasonably foreseeable

Question 9

Roberts, Corbett

Answer 9

NAI: the victims own act

Question 10

Pagett

Answer 10

NAI: the act of a 3rd party

Question 11

Cheshire

Answer 11

NAI: medical negligence will usually not break the chain of causation

Question 12

Jordan

Answer 12

NAI: medical negligence will break the chain of causation if “palpably wrong”

Question 13

Blaue

Answer 13

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

Question 14

direct intention

Answer 14

where the d makes a decision to bring about a particular consequence (Mohan)

Question 15

indirect intention

Answer 15

where the consequence was a ‘virtual certainty and the d appreciated this (Woollin)

Question 16

subjective recklessness

Answer 16

where the d foresees a risk of the consequence and carries on regardless (Cunningham)

Question 17

transferred malice

Answer 17

where a crime is intended for one person but falls on another by accident (Latimer)

Question 18

coincidence rule

Answer 18

general principle that the mr and ar must coincide at the same time (Thabo Meli, Fagan v MPC)

Question 19

Mohan

Answer 19

direct intention

Question 20

Woollin

Answer 20

indirect intention

Question 21

Cunningham

Answer 21

subjective recklessness

Question 22

Latimer

Answer 22

transferred malice

Question 23

Thabo Meli

Answer 23

coincidence rule, series of events

Question 24

Fagan v MPC

Answer 24

coincidence rule, continuing event