Introduction To Criminal Liability P1 Flashcards
What is the burden of proof
The burden of proof lays on the prosecution to prove everything in the case
What is the standard of proof
Guilty beyond reasonable doubt
What are the two ways laws are made
Common law
Passing of an act
Which case is an example of common law
R V R (1991)
Which case highlighted the burden of proof
Woolmington V DPP (1935)
What is Obiter Dicter
Anything other the judge says
What is the Actus Reus
The physical element of the crime
“The guilty act”
Which two ways can the AR be committed
Through an act or omission
What are the three different types of crime involved in the AR
Conduct crime
Result crime
State of Affairs crime
Give an example of a conduct crime
Drunk driving but no one gets hurt
Give an example of a result crime
Murder or manslaughter
What is a State of Affairs crime
The existence of a situation is enough to form the AR of a crime
Which two cases are examples of State of Affairs crime
R V Larsonneur (1933)
Winzar V CC of Kent (1983)
The AR must always be …
Voluntary (except for State of Affairs)
Which case shows that the AR must always be voluntary
Hill V Baxter (1958)
What is the general rule in English law for omissions
You have no liability for failing to act
What are the six exceptions to the general rule of english law for omissions
Duty arising from contract
Duty arising from statute
Duty voluntarily undertaken
Duty from parents to child
Duty to limit accidental harm
Duty to the public
What is the Duty of doctors omission
A doctor can stop treatment of a patient if it is in the patients best interest (not going to get better)
Which case involved the Duty of doctors
Airedale NHS Trust V Blank (1993)
What is the Law commissions 1989 Draft Criminal Code do
Referred to AR as “external element” claiming it is more accurate as omission can be classed as guilty act
What is the Good Samaritan law
Makes a person responsible for helping other people in an emergency situation, even if they are total strangers
What are the five problems with enforcing the good Samaritan law?
-what if medically inexperienced people try help but make it injury worse
-who decides when it is an emergency
-if several witnesses do they all have to help
-must rescuers put themselves at risk
-isn’t this the job of the emergency services
Which case involves when a duty to act actually exists
R V Khan & Khan
When is duty assumed
An adult is held responsible for another adult when invited into his home
What is the chain of causation
The chain that shows that the unlawful act of the accused actually caused the harm to the victim
What are the two tests to determine the chain of causation
Factual causation
Legal causation
What does factual causation do
States whether,in fact, the D’s actions actually caused the harm to the victim
What is the “but for” test
“But for” the defendants actions would the outcome have occurred
Which cases established and highlighted the “but for” test
R V White (1910) - established
R V Pagett (1983) - highlighted
How is legal causation established
-The Ds acts must be more than minimal cause of death
-court asks if D acts continues to make a significant contribution to end result
- The de minimus principle
What is a Novus Actus Interveniens
An independent intervening act
What are the three types of Novus Actus Interveniens
Medical treatment
Vs own acts
The thin skull rule
What kind of medical treatment breaks the chain of causation
Grossly negligent medical treatment
What case shows grossly negligent medical treatment
R V Jordan (1956)
Which case shows palpably wrong medical treatment
R V Smith (1959)
Which case shows the medical treatment was correct and needed
R V Cheshire (1991)
When does Vs own acts break the chain of causation
The victim caused the end result himself and his reaction was totally unforeseeable
Which case of victims own actions broke the chain of causation
R V Williams (1992)
Which case of Vs own actions did not break the chain of causation
R V Roberts (1971)
What is the thin skull rule
You must take your V as you find them
Which case shows the thin skull rule
R V Blaue (1975)
What is Mens Rea
The guilty mind
What is level of culpability
Level of blameworthiness
What is the most serious Mens Rea
Direct intent
Where the defendant desires the outcome
What is the second most serious Mens Rea
Oblique intent
The defendant doesn’t desire the outcome but it is virtually certain
Which case shows direct intent
R V Mohan (1976)
Which case shows oblique intent
R V Woolin (1998)
What is the third most serious Mens Rea
Recklessness
When the defendant knows the risk and takes it
What kind of test is recklessness and what is it
Subjective- requires the defendant to know the consequences of his actions
Which case shows recklessness
R V Cunningham (1957)
What is the last Mens Rea
Negligence
Fails to reach the standard of the reasonable man
What kind of test is Negligence and what is it
Objective test
Compare defendant behaviour to that of a reasonable man
What case shows negligence
R V Adamako (1994)
What is transferred malice
The D has the Mens Rea for one crime but commits the AR of the same crime but not the way they expected
Which case established transferred malice
R V Latimer (1886)
Which case highlights transferred malice
R V Mitchell (1983)
When can transferred malice only be applied
Can only be used to shift intent for the same type of offence
Which case shows transferred malice not occurring
R V Pembliton (1884)
For liability to be established it must be shown that
The defendant possessed the necessary men’s Rea at the time the actus reus was committed
Who are the only exception to the rule of MR and AR at the same time
Killers
What is it called when AR comes before MR
Continuing act
What case shows AR before MR
Fagan V MPC (1968)
What is it called when MR comes before AR
Series of events
Which case shows MR before AR
Thabo Meli V R (1954)
