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AQA A-level Law > Introduction To Criminal Liability P1 > Flashcards

Introduction To Criminal Liability P1 Flashcards

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1
Q

What is the burden of proof

A

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

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2
Q

What is the standard of proof

A

Guilty beyond reasonable doubt

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3
Q

What are the two ways laws are made

A

Common law
Passing of an act

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4
Q

Which case is an example of common law

A

R V R (1991)

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5
Q

Which case highlighted the burden of proof

A

Woolmington V DPP (1935)

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6
Q

What is Obiter Dicter

A

Anything other the judge says

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7
Q

What is the Actus Reus

A

The physical element of the crime
“The guilty act”

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8
Q

Which two ways can the AR be committed

A

Through an act or omission

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9
Q

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

A

Conduct crime
Result crime
State of Affairs crime

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10
Q

Give an example of a conduct crime

A

Drunk driving but no one gets hurt

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11
Q

Give an example of a result crime

A

Murder or manslaughter

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12
Q

What is a State of Affairs crime

A

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

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13
Q

Which two cases are examples of State of Affairs crime

A

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

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14
Q

The AR must always be …

A

Voluntary (except for State of Affairs)

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15
Q

Which case shows that the AR must always be voluntary

A

Hill V Baxter (1958)

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16
Q

What is the general rule in English law for omissions

A

You have no liability for failing to act

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17
Q

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

A

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

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18
Q

What is the Duty of doctors omission

A

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

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19
Q

Which case involved the Duty of doctors

A

Airedale NHS Trust V Blank (1993)

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20
Q

What is the Law commissions 1989 Draft Criminal Code do

A

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

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21
Q

What is the Good Samaritan law

A

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

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22
Q

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

A

-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

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23
Q

Which case involves when a duty to act actually exists

A

R V Khan & Khan

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24
Q

When is duty assumed

A

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

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25
Q

What is the chain of causation

A

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

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26
Q

What are the two tests to determine the chain of causation

A

Factual causation
Legal causation

27
Q

What does factual causation do

A

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

28
Q

What is the “but for” test

A

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

29
Q

Which cases established and highlighted the “but for” test

A

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

30
Q

How is legal causation established

A

-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

31
Q

What is a Novus Actus Interveniens

A

An independent intervening act

32
Q

What are the three types of Novus Actus Interveniens

A

Medical treatment
Vs own acts
The thin skull rule

33
Q

What kind of medical treatment breaks the chain of causation

A

Grossly negligent medical treatment

34
Q

What case shows grossly negligent medical treatment

A

R V Jordan (1956)

35
Q

Which case shows palpably wrong medical treatment

A

R V Smith (1959)

36
Q

Which case shows the medical treatment was correct and needed

A

R V Cheshire (1991)

37
Q

When does Vs own acts break the chain of causation

A

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

38
Q

Which case of victims own actions broke the chain of causation

A

R V Williams (1992)

39
Q

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

A

R V Roberts (1971)

40
Q

What is the thin skull rule

A

You must take your V as you find them

41
Q

Which case shows the thin skull rule

A

R V Blaue (1975)

42
Q

What is Mens Rea

A

The guilty mind

43
Q

What is level of culpability

A

Level of blameworthiness

44
Q

What is the most serious Mens Rea

A

Direct intent
Where the defendant desires the outcome

45
Q

What is the second most serious Mens Rea

A

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

46
Q

Which case shows direct intent

A

R V Mohan (1976)

47
Q

Which case shows oblique intent

A

R V Woolin (1998)

48
Q

What is the third most serious Mens Rea

A

Recklessness
When the defendant knows the risk and takes it

49
Q

What kind of test is recklessness and what is it

A

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

50
Q

Which case shows recklessness

A

R V Cunningham (1957)

51
Q

What is the last Mens Rea

A

Negligence
Fails to reach the standard of the reasonable man

52
Q

What kind of test is Negligence and what is it

A

Objective test
Compare defendant behaviour to that of a reasonable man

53
Q

What case shows negligence

A

R V Adamako (1994)

54
Q

What is transferred malice

A

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

55
Q

Which case established transferred malice

A

R V Latimer (1886)

56
Q

Which case highlights transferred malice

A

R V Mitchell (1983)

57
Q

When can transferred malice only be applied

A

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

58
Q

Which case shows transferred malice not occurring

A

R V Pembliton (1884)

59
Q

For liability to be established it must be shown that

A

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

60
Q

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

A

Killers

61
Q

What is it called when AR comes before MR

A

Continuing act

62
Q

What case shows AR before MR

A

Fagan V MPC (1968)

63
Q

What is it called when MR comes before AR

A

Series of events

64
Q

Which case shows MR before AR

A

Thabo Meli V R (1954)

AQA A-level Law (36 decks)

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