General Elements Of Liability Flashcards
What is Actus Reus
An act or failure to act
What is a conduct crime?
Crimes that are not necessary for any consequences to be proved. For example - theft
What are consequence crimes?
Crimes that must result in a consequence for example - Actus Reus to establish ABH
Involuntary act [case]
R v Mitchell - the original pusher was held liable for the crime.
What is an involuntary act?
Conduct that cannot be controlled because one is suffering from a physical or mental condition or is acting under duress
There are some cases where the involuntary act is committed but the situation is a state of affairs so the defendant is still liable - what case is this referencing?
R v Larsonneur
What is a state of affairs?
offences that criminalises a defendant being found in a particular circumstance at a particular time, irrelevant of how they got there
Can an omission make a person guilty of an offence?
No usually an omission cannot make someone liable
There are exceptions to the rule that “an omission cannot make a person guilty of an offence” there are 6 ways which are?
Only where there is a duty to act
1. Statutory duty
2. Contractual duty
3. Duty because of a relationship
4. Duty taken on voluntarily
5. Duty through someone official position
6. Duty because the defendant set a chain of events
Case or statute for statutory duty
S. 170 of the road traffic act 1988
Case for Contractual duty
R v Pittwood
Case for a duty because of a relationship
Usually a parent-child relationship.
R v Gibbins and Proctor
Case for a duty taken voluntarily
R v Stone and Dobinson or R v Evans
Case for duty through ones official position
R v Dytham
Case for a duty because the defendant set a chain of events
R v Miller
DPP v Santa-Bermudez
Case for duty of doctors
(Discontinuance of a treatment in the best interests of the patient then it isn’t an omission)
Airedale NHS Trust v Bland
What case states that the law is capable of expanding to cover more situations
R v Khan and Khan - “duty to summon medical assistance”
What is strict liability
The defendant is liable because he has failed to do something and there is no Mens Rea needed to be proved
What is causation?
The prosecution has to show that the defendants conduct was the factual cause and legal cause of the consequence.
What test is used for factual causation and what case can you reference for the test and the opposite situation. Causa sine qua non
‘But for’ test - R v Pagett
Opposition of the ‘but for’ test - R v White
What is legal causation? And the case to reference for it.
de minimus non curat lex
Legal causation is when the defendant can be guilty if the act is significant to the result of the consequence.
[R v Kimsey]
Thin skull rule (legal causation)
What is it and the Case reference for it?
Must find victim as they are
[R v Blaue]
What is the chain of causation? (Legal causation)
Where there is a direct link from defendants act to the consequence
What breaks chain of causation? (Legal causation)
And Examples.
- Act of a third party
- Victims own act
- Natural unpredictable events
Example: An intervening act for example - the defendant has stabbed victim, on the way to the hospital, the ambulance carrying victim is involved in an accident causing fatal head injuries to victim.
Case where medical treatment breaks chain of causation. (Legal causation)
R v Jordan
2 Cases where medical treatment did NOT break chain of causation (legal causation)
- R v Cheshire
- R v Smith
What case states that switching off life support machine when victim is brain dead did not break chain of causation? (Legal causation)
R v Malcherek
An example where D caused V to act in a foreseeable way causing D to be liable for V’s injuries (legal causation)
R v Roberts
If D causes V to react in a foreseeable way is D liable for an injury caused to V?
If D causes V to react in reasonable foreseeable way then injury to V will be considered to have caused
What case states that the victims own act can break chain of causation? (If the victims act is unreasonable)
R v Williams and Davis.
What is Mens Rea?
Mental element of an offence.
Does strict liability require a Mens Rea if not, why?
Strict liability does not require a Mens Rea because it is necessary to prove.
What is the highest levels of Mens Rea?
specific intention.
What are the other main types of Mens Rea?
Knowledge and recklessness.
In the case of [mohan] what did the court define specific intention as?
“A decision to bring about, in so far as it lies within the accused’s power, no matter whether the accused desired that consequence of his act or not.”
This shows that the defendants motive or reason for doing the act is not relevant the point is that the defendant decided to bring about the prohibited consequence.
What is direct intent?
Means that D intends the specific consequence to occur
What is oblique intent and the case for it?
The outcome is not necessarily the desire of the defendant and aim or purpose is different.
[hancock v shankland]
Case for oblique intent
Hancock V shankland
Does the thin skull rule break chain of causation? If not, why?
It does not because you must find you victim as they are
