general elements of liability

Question 1

what is the difference between a conduct and consequence crime?

Answer 1

• conduct - D’s conduct forms offence, no required consequence (drink driving)
• consequence - consequence must happen for offence to be committed (assault)

Question 2

state 3 situations where omission gives rise to liability, refer to cases

Answer 2

• contractual duty to act - Pittwood omitted to shut gates on railway-crossing, G of manslaughter
• relationship between D & V - Gibbins & Proctor omitted to feed child, G of murder
• duty from official position - Dytham officer omitted to intervene assault, G of neglect

Question 3

explain difference between direct and oblique intention, refer to cases

Answer 3

• direct intent - D sets out to achieve a particular result
  Mohan: drove towards police, direct intent to scare/injure
• oblique intent - D knew result was certain but continued
  Woollin: D lost temper, threw baby against wall then died

Question 4

explain meaning of ‘an offence of strict liability’

Answer 4

• no mens rea as completed when D commits the actus reus

Question 5

explain the ‘contemporaneity’ rule

Answer 5

• requires actus reus and mens rea to coincide