Learning Aim D

Question 1

Elements of a Crime?

Answer 1

1. Actus Reus/Omission
2. Causation
3. Mens Rea
4. Coincidence of Actus Reus and Mens Rea

Question 2

Crime?

Answer 2

Actus Reus + Mens Rea

Question 3

Actus Reus

Answer 3

Physical part of a Crime

Question 4

Satisfaction of Actus Reus

Answer 4

Need to satisfy the Physical Voulantary Act + Omission

Question 5

Omission

Answer 5

Failure to Act - In the UK we do not legally have a duty to help someone in danger

Question 6

Causation

Answer 6

When someone fails to do something, there needs to be a link of the defendant’s Act and the consequence to the victim

Question 7

Three types of causation

Answer 7

1. Factual Causation
2. Legal Causation
   3 . Novus Actus interveniens

all 3 must be satisfied

Question 8

Factual Causation

Answer 8

If the consequence would not have happened if it was not for the defendant’s conduct

Question 9

Factual Causation Test

Answer 9

‘But For’ - But for D’s actions the consequence would not have occured

Question 10

Example of Factual Causation

Answer 10

(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

Question 11

Legal Causation

Answer 11

D’s actions must be more than a minimal cause of harm, even if there is more than one person who caused the harm

Question 12

Legal Causation Test

Answer 12

De Minimus Principle - have to make a link between defendant’s actions and consequence on victim

Question 13

Chain of Causation

Answer 13

Must be a direct link between D’s conduct and the consequence to the victim

Question 14

Novus Actus Interveniens

Answer 14

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

Question 15

Possible Breaks in the chain of causation

Answer 15

• Medical Profession
• Actions of V
• Third parties/Natural/Unpredictable Events
• Egg shell skull situations

Question 16

Smith (1959)

Answer 16

• 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.

Question 17

Cheshire (1991)

Answer 17

• 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.

Question 18

Jordan (1956)

Answer 18

• 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

Question 19

Victim’s own actions

Answer 19

In some cases, the victim’s own actions can break the chain of causation. The two instances are

1. Fright and Flight
2. Self Neglect

Question 20

Fright and Flight

Answer 20

• 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

Question 21

Daftness Test

Answer 21

Jury Assesses if V’ reaction was daft and if D will no longer be responsible

Question 22

Self Neglect

Answer 22

When V somehow worsens their own actions, they could be delaying medical treatment or doing something that makes their injury worse.

Question 23

Thin Skull Rule

Answer 23

• 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

Question 24

Mens Rea

Answer 24

Guilty mind - an individual cannot be considered guilty if they do not have the mental element attatched to it

Question 25

Types of Mens Rea (in order)

Answer 25

1. Intention
2. Subjective Recklessness
3. Negligence
4. Knowledge

Question 26

Intention

Answer 26

• Highest form of mens rea
• Required state of mind for most serious crimes
• Examples of intention : direct intent + oblique intent

Question 27

Direct Intent

Answer 27

When the consequence is actually the defendant’s goal/aim

Question 28

Case of Mohan

Answer 28

• 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

Question 29

Oblique Intent

Answer 29

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 .

Question 30

Consideration of Oblique Intent

Answer 30

Two things to consider :

• Was the consequence of V’s death or serious injury virtually certain?
• Was the defendant aware of that fact?

Question 31

Virtually Certain

Answer 31

85% - 90%

Question 32

Recklessness

Answer 32

Where the defendant is guilty if they knew there was a risk of the consequence happening but took the risk anyway

Question 33

Coincidence of Actus Reus and Mens Rea

Answer 33

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.

Question 34

Non Fatal Offences

Answer 34

S18 : Wounding with intent
S70 : Malicious wounding
S47 : Assault occasionaly actual bodily harm
S38 : Battery
S39 : Assault

Question 35

1 . Assault and Battery

Answer 35

These are Summary Offences, They are trailed in Magistrates court as they are least serious

Question 36

2. Assault and Battery

Answer 36

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

Question 37

Apprehend

Answer 37

= 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.

Question 38

Physical Contact

Answer 38

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

Question 39

“immediate”

Answer 39

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.

Question 40

Words as assault : Ireland (1997)

Answer 40

• Silent telephone calls
• V apprehend an immediate application of force
• Held : silence can amount to assault
• Words can prevent an assault

Question 41

Light

Answer 41

The man speaking to his girlfriend, said “if the police weren’t here i would split your head open” - considered assault