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law > general elements of criminal liability > Flashcards

general elements of criminal liability Flashcards

1
Q

what does the term actus reus stand for?

A

guilty act - the physical aspect of a crime

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2
Q

what are the three categories actus reus can be split into?

A

result crimes, conduct crimes and state of affairs crimes

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3
Q

what is a result crime?

A

a crime where a particular result is required

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4
Q

what is a conduct crime?

A

a crime where the act is required yet the outcome doesn’t matter, a result is not needed

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5
Q

what is a state of affairs crime?

A

a crime that consists of being rather than doing, when your in the wrong situation or circumstance

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6
Q

what must the actus reus always be?

A

voluntary

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7
Q

what is an omission?

A

a failure to do something

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8
Q

what law links to omissions?

A

the good samaritan law

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9
Q

what are the five duty of care categories?

A

special relationship, contractual, voluntary, official position, dangerous situations

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10
Q

what is the standard of proof?

A

beyond reasonable doubt, if the jury is sure of the evidence and satisfied with the outcome

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11
Q

what is the burden of proof?

A

the prosecution must prove both the required actus reus and mens rea beyond reasonable doubt

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12
Q

what are the two parts to causation in order?

A

factual and legal causation

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13
Q

what is the test for factual causation?

A

the but for test, if the result would not have occurred but for the defendants actions

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14
Q

what is the test for legal causation?

A

the more than minimal test, the defendant contributed to the result in a more than minimal way they were an ongoing factor in the result

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15
Q

what is the chain of causation?

A

the link between the defendants actions and the result

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16
Q

what are the four ways the chain of causation can be broken?

A

actions of a third party, medical negligence, victims own act, act of god

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17
Q

how do you prove third party intervention?

A

was it unforeseeable and did it make the defendant de minimis

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18
Q

how do you prove medical negligence?

A

was it unforeseeable and was it independant and potent enough to make the defendant de minimis

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19
Q

how do you prove victims own act?

A

was it unreasonable and was it unconnected to the original crime

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20
Q

what does de minimis mean?

A

too trivial, insignificant

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21
Q

what does novus actus interveniens mean?

A

new intervening act

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22
Q

what is the thin skull rule?

A

when the defendant must take the victim as they found them, no matter the susceptibilities or vulnerabilities of them at the time

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23
Q

what does mens rea stand for?

A

guilty mind, the mental element of a crime

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24
Q

what are the two types of mens rea

A

intention or recklessness

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25
Q

what are the two types of intention?

A

direct and oblique

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26
Q

what is direct intention?

A

a decision to bring about a certain consequence, a particular aim or desire

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27
Q

what are the three aspects of oblique intention?

A

virtual certainty, foresight of consequences, jury find intention

28
Q

what is oblique intention?

A

when the defendant is virtually certain of his actions yet is prepared to do it anyway

29
Q

what is recklessness?

A

when the defendant takes an unjustifiable risk and was aware of this when they took it

30
Q

what is a specific intent crime?

A

when only intention suffices

31
Q

what is a basic intent crime?

A

when intention or recklessness suffice

32
Q

what is transferred malice?

A

when the mens rea transfers from the intended victim to the actual victim

33
Q

what must the crime be for it to be considered transferred malice?

A

the crime must be of a similiar nature to the one intended

34
Q

what is a continuing act?

A

when the actus reus is an ongoing act and the mens rea happens sometime during

35
Q

what is a strict liability crime?

A

offences which require no mens rea at all, they deal with issues of social concern

36
Q

what four steps are taken to look at strict liability offences? what are they called?

A

the gammon tests - the wording of the act, if the crime is truly criminal in nature, if it is concerned with an issue of social concern, if having strict liability will help enforce the law

37
Q

airedale NHS

A

doctors stopped feeding them - in the patients best interest

38
Q

dytham

A

police officer ignored fight - duty of care official position

39
Q

gibbins and procter

A

starved his daughter - duty of care special relationship

40
Q

hill v baxter

A

overcome with illness as driving - involuntary actus reus

41
Q

larsonneur

A

deported back to the uk - state of affairs crime

42
Q

miller

A

fell asleep with cigarette - duty of care dangerous situation

43
Q

mitchell

A

hit someone who fell into an old woman - transferred malice

44
Q

pittwood

A

forgot to close railway gate - duty of care contractual

45
Q

stone and dobinson

A

didnt look after sick relative properly - duty of care voluntary

46
Q

white

A

poisoned his mother yet she had a heart attack - but for test

47
Q

pagett

A

put his pregnant girlfriend infront of shooting police - more than minimal

48
Q

benge

A

misread train timetable took up rails early - third party intervention

49
Q

cheshire

A

given wrong medical attention, original wounds not life threatening - medical negligence

50
Q

jordan

A

wrong antibiotics given killing patient - medical negligence

51
Q

dear

A

aggravated his wound - victims own neglect

52
Q

kimsey

A

both drove at high speeds - multiple causes

53
Q

malcarek and steel

A

caused people to go into life support which was switched off - allowed if in patients best interest

54
Q

roberts

A

believed she would be sexually assaulted jumped out the car - reasonable victims own act

55
Q

blaue

A

jehovahs witness didnt accept medical attention - thin skull rule

56
Q

mohan

A

deliberately drove over polices foot - direct intention

57
Q

woollin

A

attempted to throw baby in the pram - oblique intention

58
Q

matthews v alleyne

A

threw someone unable to swim in river - jury found intention

59
Q

cunningham

A

tore gas meter off wall gas effected neighbours - recklessness

60
Q

latimer

A

swung belt hit the wrong person - transferred malice

61
Q

pembliton

A

three stone at crowd yet he broke a window - transferred malice not similar nature crimes

62
Q

kaitamaki

A

rape was ongoing yet not given consent - continuing act

63
Q

church

A

believed he strangled victim so threw in river which caused drowning - single transaction

64
Q

alphacell v woodward

A

waste in river due to a storm - strict liability mens rea not needed

65
Q

smedleys v breed

A

dead caterpillar found in pea tin reasonable steps taken - strict liability no mens rea needed

law (4 decks)

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