Introduction To Criminal Liability P1

Question 1

What is the burden of proof

Answer 1

The burden of proof lays on the prosecution to prove everything in the case

Question 2

What is the standard of proof

Answer 2

Guilty beyond reasonable doubt

Question 3

What are the two ways laws are made

Answer 3

Common law
Passing of an act

Question 4

Which case is an example of common law

Answer 4

R V R (1991)

Question 5

Which case highlighted the burden of proof

Answer 5

Woolmington V DPP (1935)

Question 6

What is Obiter Dicter

Answer 6

Anything other the judge says

Question 7

What is the Actus Reus

Answer 7

The physical element of the crime
“The guilty act”

Question 8

Which two ways can the AR be committed

Answer 8

Through an act or omission

Question 9

What are the three different types of crime involved in the AR

Answer 9

Conduct crime
Result crime
State of Affairs crime

Question 10

Give an example of a conduct crime

Answer 10

Drunk driving but no one gets hurt

Question 11

Give an example of a result crime

Answer 11

Murder or manslaughter

Question 12

What is a State of Affairs crime

Answer 12

The existence of a situation is enough to form the AR of a crime

Question 13

Which two cases are examples of State of Affairs crime

Answer 13

R V Larsonneur (1933)
Winzar V CC of Kent (1983)

Question 14

The AR must always be …

Answer 14

Voluntary (except for State of Affairs)

Question 15

Which case shows that the AR must always be voluntary

Answer 15

Hill V Baxter (1958)

Question 16

What is the general rule in English law for omissions

Answer 16

You have no liability for failing to act

Question 17

What are the six exceptions to the general rule of english law for omissions

Answer 17

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

Question 18

What is the Duty of doctors omission

Answer 18

A doctor can stop treatment of a patient if it is in the patients best interest (not going to get better)

Question 19

Which case involved the Duty of doctors

Answer 19

Airedale NHS Trust V Blank (1993)

Question 20

What is the Law commissions 1989 Draft Criminal Code do

Answer 20

Referred to AR as “external element” claiming it is more accurate as omission can be classed as guilty act

Question 21

What is the Good Samaritan law

Answer 21

Makes a person responsible for helping other people in an emergency situation, even if they are total strangers

Question 22

What are the five problems with enforcing the good Samaritan law?

Answer 22

-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

Question 23

Which case involves when a duty to act actually exists

Answer 23

R V Khan & Khan

Question 24

When is duty assumed

Answer 24

An adult is held responsible for another adult when invited into his home

Question 25

What is the chain of causation

Answer 25

The chain that shows that the unlawful act of the accused actually caused the harm to the victim

Question 26

What are the two tests to determine the chain of causation

Answer 26

Factual causation Legal causation

Question 27

What does factual causation do

Answer 27

States whether,in fact, the D’s actions actually caused the harm to the victim

Question 28

What is the “but for” test

Answer 28

“But for” the defendants actions would the outcome have occurred

Question 29

Which cases established and highlighted the “but for” test

Answer 29

R V White (1910) - established R V Pagett (1983) - highlighted

Question 30

How is legal causation established

Answer 30

-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

Question 31

What is a Novus Actus Interveniens

Answer 31

An independent intervening act

Question 32

What are the three types of Novus Actus Interveniens

Answer 32

Medical treatment Vs own acts The thin skull rule

Question 33

What kind of medical treatment breaks the chain of causation

Answer 33

Grossly negligent medical treatment

Question 34

What case shows grossly negligent medical treatment

Answer 34

R V Jordan (1956)

Question 35

Which case shows palpably wrong medical treatment

Answer 35

R V Smith (1959)

Question 36

Which case shows the medical treatment was correct and needed

Answer 36

R V Cheshire (1991)

Question 37

When does Vs own acts break the chain of causation

Answer 37

The victim caused the end result himself and his reaction was totally unforeseeable

Question 38

Which case of victims own actions broke the chain of causation

Answer 38

R V Williams (1992)

Question 39

Which case of Vs own actions did not break the chain of causation

Answer 39

R V Roberts (1971)

Question 40

What is the thin skull rule

Answer 40

You must take your V as you find them

Question 41

Which case shows the thin skull rule

Answer 41

R V Blaue (1975)

Question 42

What is Mens Rea

Answer 42

The guilty mind

Question 43

What is level of culpability

Answer 43

Level of blameworthiness

Question 44

What is the most serious Mens Rea

Answer 44

Direct intent Where the defendant desires the outcome

Question 45

What is the second most serious Mens Rea

Answer 45

Oblique intent The defendant doesn’t desire the outcome but it is virtually certain

Question 46

Which case shows direct intent

Answer 46

R V Mohan (1976)

Question 47

Which case shows oblique intent

Answer 47

R V Woolin (1998)

Question 48

What is the third most serious Mens Rea

Answer 48

Recklessness When the defendant knows the risk and takes it

Question 49

What kind of test is recklessness and what is it

Answer 49

Subjective- requires the defendant to know the consequences of his actions

Question 50

Which case shows recklessness

Answer 50

R V Cunningham (1957)

Question 51

What is the last Mens Rea

Answer 51

Negligence Fails to reach the standard of the reasonable man

Question 52

What kind of test is Negligence and what is it

Answer 52

Objective test Compare defendant behaviour to that of a reasonable man

Question 53

What case shows negligence

Answer 53

R V Adamako (1994)

Question 54

What is transferred malice

Answer 54

The D has the Mens Rea for one crime but commits the AR of the same crime but not the way they expected

Question 55

Which case established transferred malice

Answer 55

R V Latimer (1886)

Question 56

Which case highlights transferred malice

Answer 56

R V Mitchell (1983)

Question 57

When can transferred malice only be applied

Answer 57

Can only be used to shift intent for the same type of offence

Question 58

Which case shows transferred malice not occurring

Answer 58

R V Pembliton (1884)

Question 59

For liability to be established it must be shown that

Answer 59

The defendant possessed the necessary men’s Rea at the time the actus reus was committed

Question 60

Who are the only exception to the rule of MR and AR at the same time

Answer 60

Killers

Question 61

What is it called when AR comes before MR

Answer 61

Continuing act

Question 62

What case shows AR before MR

Answer 62

Fagan V MPC (1968)

Question 63

What is it called when MR comes before AR

Answer 63

Series of events

Question 64

Which case shows MR before AR

Answer 64

Thabo Meli V R (1954)