General Elements Of Criminal Liability

Question 1

Elements of actus reus

Answer 1

A act
An omission
A state of affairs

Question 2

Examples of omissions

Answer 2

When a persons contact requires him to act - Pittwood
When a persons public position requires him to act - Dytham
When a person fails to minimise the harmful consequences of act - miller
When a person voluntary assumes a duty - Stone & Dobinson
Duty due to a relationship - gibbins & proctor

Question 3

Statue for omission

Answer 3

Children and young persons act 1933
S.170 road traffic act
Companies act 1985
Insolvency act 1986

Question 4

State of affairs

Answer 4

Larsonneur
Hill v Baxter

Question 5

What is causation

Answer 5

Must be found to have factual and legal

Question 6

Factual causation

Answer 6

But for test
R v white
R v pagett

Question 7

Legal causation

Answer 7

Actions must be more than a minimal cause - Kimsey - De minimus rule so the chain of causation cannot be broken
R v smith

Question 8

Thin skull rule

Answer 8

R v Blaue
Take victim as find them

Question 9

No is actus intervenes

Answer 9

Can’t break chain of causation

Question 10

Medical treatment

Answer 10

Only in exceptional circumstances
R v Cheshire
R v Jordan

Question 11

Victims own act

Answer 11

Only if the D acted in a foreseeable way
Roberts
Williams
Dear

Question 12

Act of a third party

Answer 12

A third party will usually break chain of causation unless actions foreseeable

Question 13

Mens rea elements

Answer 13

Intention
Recklessness
Transferred malice

Question 14

Direct intention

Answer 14

Purpose and desire
R v Mohan

Question 15

Indirect intention

Answer 15

Where consequences of Ds actions are virtually certain to occur
R v Woollin test -
where the actions vertially certain to occur?
Did the D realise this?
R v Matthews and Alleyne

Question 16

Recklessness

Answer 16

Where there is a risk and they are aware of it
R v Cunningham

Question 17

Transferred malice

Answer 17

Only applies if both crimes are the same
Mitchell
Latimer
Pembilton

Question 18

Coincidence of actus reus and mens rea

Answer 18

A single continuing act so mens rea can be formed during the actus reus
Fagen v Metropolitan police commission
Thank Meli

Question 19

Strict liability

Answer 19

Pharmaceutical society of great Britain v storkwain LTD
Harrow London borough council v shah
Sweet v Parsley
Gammon v AG for Hong Kong
Where the mens has no relevance

Question 20

Strict liability pt2

Answer 20

Usually offences under
Issues of social concern
Public safety
Greater vigilance
- alphacell
- smedley v breed
- blake