Learning Aim D Flashcards
elements of crime + sentencing in non fatal offences
Elements of a Crime?
- Actus Reus/Omission
- Causation
- Mens Rea
- Coincidence of Actus Reus and Mens Rea
Crime?
Actus Reus + Mens Rea
Actus Reus
Physical part of a Crime
Satisfaction of Actus Reus
Need to satisfy the Physical Voulantary Act + Omission
Omission
Failure to Act - In the UK we do not legally have a duty to help someone in danger
Causation
When someone fails to do something, there needs to be a link of the defendant’s Act and the consequence to the victim
Three types of causation
- Factual Causation
- Legal Causation
3 . Novus Actus interveniens
all 3 must be satisfied
Factual Causation
If the consequence would not have happened if it was not for the defendant’s conduct
Factual Causation Test
‘But For’ - But for D’s actions the consequence would not have occured
Example of Factual Causation
(Pagett) - D was on the run from the police and used his pregnant girlfriend as a human shield, she was shot, but for the defendant’s actions caused the victim to die as she would not have died if he did not bring her out
Legal Causation
D’s actions must be more than a minimal cause of harm, even if there is more than one person who caused the harm
Legal Causation Test
De Minimus Principle - have to make a link between defendant’s actions and consequence on victim
Chain of Causation
Must be a direct link between D’s conduct and the consequence to the victim
Novus Actus Interveniens
The factor that may break the chain of causation, an act that happened after the D’s conduct or people that become involved.
when there has been a break in the chain of causation, the D will no longer be liable
Possible Breaks in the chain of causation
- Medical Profession
- Actions of V
- Third parties/Natural/Unpredictable Events
- Egg shell skull situations
Smith (1959)
- D stabbed V with a bayonet
- V was dropped from a stretcher three times
- Was left untreated for a considerable period
- Given poor medical treatment
- V died
Held : D was guilty because his actions were the operative and substantial cause of the V’s death.
Cheshire (1991)
- D shot V in the thigh and stomach
- V needed major surgery
- The wound was healing well but v developed breathing problems
- Was given a Tracheotomy
- V died of rare complications from the Tracheotomy
- Original wounds had almost healed
Held : D’s act need not be the sole or main cause of death, but must be a significant cause.
Jordan (1956)
- V was stabbed in stomach
- Was treated for the wounds
- Was healing well
- Given an antibiotic that he suffered an allergic reaction from
- Medical notes stated his allergy
- Was also given excessive amounts of intravenous liquids which caused his lungs to become filled with fluid
- Developed pneumonia + died 8 days later
Held : The medical treatment was deemed sufficiently independent from D’s act to break the chain, treatment was described as ‘palpably wrong’. D was no longer regarded as main cause of death
Victim’s own actions
In some cases, the victim’s own actions can break the chain of causation. The two instances are
- Fright and Flight
- Self Neglect
Fright and Flight
- When D causes V to apprehend violence and V flees, hence they are refered to as fright and flight situations.
- The chain of causation will only be broken if the victim does something unreasonable while trying to flee
Daftness Test
Jury Assesses if V’ reaction was daft and if D will no longer be responsible
Self Neglect
When V somehow worsens their own actions, they could be delaying medical treatment or doing something that makes their injury worse.
Thin Skull Rule
- If the victim has a particular sucesptibility to death or injury such as a pre-existing medical condition which makes them prone to death or injuries.
- D will not be able to claim this breaks the chain of causation
Mens Rea
Guilty mind - an individual cannot be considered guilty if they do not have the mental element attatched to it
Types of Mens Rea (in order)
- Intention
- Subjective Recklessness
- Negligence
- Knowledge
Intention
- Highest form of mens rea
- Required state of mind for most serious crimes
- Examples of intention : direct intent + oblique intent
Direct Intent
When the consequence is actually the defendant’s goal/aim
Case of Mohan
- D was in a Van speeding towards a police officer in front of him
- The court held it was D’s clear aim + desire to run the police officer over as he was speeding towards him
Oblique Intent
Undesired consequence but one which was foreseen as being virtually certain. D did not intend the consequence but knew that by doing what he is doing, the consequence was likely to happen .
Consideration of Oblique Intent
Two things to consider :
- Was the consequence of V’s death or serious injury virtually certain?
- Was the defendant aware of that fact?
Virtually Certain
85% - 90%
Recklessness
Where the defendant is guilty if they knew there was a risk of the consequence happening but took the risk anyway
Coincidence of Actus Reus and Mens Rea
in order for an offence to take place, both the Actus Reus and Mens Rea must be present at the same time - they must conicide.
Non Fatal Offences
S18 : Wounding with intent
S70 : Malicious wounding
S47 : Assault occasionaly actual bodily harm
S38 : Battery
S39 : Assault
1 . Assault and Battery
These are Summary Offences, They are trailed in Magistrates court as they are least serious
- Assault and Battery
Causing V to Apprehend the infliction of immediate, unlawful force with intention to cause another to fear immediate unlawful violence or recklessness as to whether such fear is caused
Apprehend
= to be aware that some force is about to be applied
- the word apprehend is deliberately used instead of ‘fear’. this is because the word ‘fear’ would be too restrictive on the law.
Physical Contact
There is no need for physical contact for an offence to be considered as assault
this could include : raising a fist, pointing a gun, throwing stones at V which just misses, threatening someone
“immediate”
This does not have to be instant but it must be imninent, it will happen even if not immediately, it needs to look like you are about to harm them.
Words as assault : Ireland (1997)
- Silent telephone calls
- V apprehend an immediate application of force
- Held : silence can amount to assault
- Words can prevent an assault
Light
The man speaking to his girlfriend, said “if the police weren’t here i would split your head open” - considered assault
