Introduction To Criminal Liabilty Flashcards
What Is Omission?
Failure of duty
Case for Omission?
(R v Pitwood)-Failing to close gate
(R v Stone and Dobinson)-Failing to help or get help result if Fanny death was neglect
(R v Miller)-Fail to put out fire
(R v Gibbins and Proctor)-Failed to feed child
What is Factual causation?
“but for” D unlawful action
R v White
What is legal causation?
D legal cause if his crime act continue to make significant contributions to end result
Case for Legal causation?
R v Smith-V suffered stab wounds but the caused by “operations and substantial cause” V might survived with proper medical treatment
What is Third party?
Caused by someone else
Case for Third party?
R v Jordan-The Stab wound almost healed but treatment was bad so V died
What is Act of God?
unforseeable event such as tsunami break chain of causation
What is leading case for recklessness?
R v Cunningham “maliciously administering a noxious thing so endanger life”.Not Guilty
What is Transferred malice?
Mens rea can be transferred from intended victim to actual victim
R v Latimer
What is contemporary rule?
must possess the Mr at the time Ar is committed.If they don’t coincide D will not be found guilty
Case for Contemporary rule?
Fagan v Metropolitan Police Commissioner-Accidentally drove on police man foot the Mr was formed when he decided to leave car on police foot
What is strict liability?
Some crimes don’t need an mr
Cases for strict liability?
-Sweet v Parsley
-Smedleys v Breed-Found dead caterpillar in tin of peas brought form supermarket
