Mens rea/ Actus reus Flashcards
duty, causation, intention, liability
What 2 things need to be established to find defendant criminally liable?
actus reus
mens rea
What was the principle decided in Woolmington v DPP?
prosecution has to prove that defendant is guilty
what are the 6 options where duty is owed?
1 - statutory duty
2 - contractual duty
3 - duty because of a relationship between defendant and victim
4 - duty undertaken voluntarily
5 - duty owed through one’s official position
6 - a duty which arises because the defendant set in motion a chain of events
what is omission?
failing to do something
what is duty?
the legal obligation to do something
issues with good Samaritan law?
- rogues pretending to be injured to lure someone in and then attack them
- could be untrained and make the situation worse
what is statutory duty
give an example
- act of parliament can impose a duty on certain people
e.g.
Road Traffic Act 1988 - drivers have to call in any crash on the road
Children and young person act - parents are legally responsible for a child and have duty to provide food, clothing medical aid, and housing
what is contractual duty?
give an example
signing a contract and if you fail to do what it says, you are liable
e.g.
R v Pitwood - gate keeper of level crossing didn’t do his job and a car got hit by a train, he was liable for manslaughter
What is an example of duty because of a relationship between defendant and victim?
R v Gibbins and Proctor
gibbins married proctor and he had kids
they neglected a 7 year old daughter and she was kept separate from other children and starved to death
what is duty undertaken voluntarily?
give an example
caring for someone establishes a duty
R v Evans
heroine addict went cold turkey and was looked after by her sister
sister got her some to make her feel better
she took her old dose and overdosed
what is duty owed through one’s official position?
give an example
usually police officers having to care for people
e.g.
Dytham
police officer was done for misconduct in a public place for not stepping in when a guy got kicked out of a nightclub onto the floor and got kicked to death
what is a duty which arises because the defendant set in motion a chain of events
give an example
when the defendant has created a dangerous situation, they have to deal with it
e.g.
DPP v Santa-Bermudez
Police woman searched a man and asked if he had any sharp objects on him. He lied and had needles in his pocket. Caused bleeding to police officer and was convicted of ABH
What are 3 things the prosecution must prove in causation?
1 - the defendant’s conduct was the factual cause of the consequence (but for..)
2 - the defendant’s conduct was the legal cause of the consequence
3 - there were no intervening acts which broke the chain of causation
what is factual causation?
‘but for the defendant’s conduct, the consequences would not have happened
what is legal causation?
D’s actions must be substantial and operative when there is a death
- nothing can break the chain
- when more than one act contributes to the consequence
example where factual causation is established
R v Pagett
Pagett was holding his girlfriend hostage and using her as a shield
She was shot by police and died
Convicted of manslaughter because she would not have died ‘but for’ using her as a shield in a gun fight
example where factual causation is not established
R v White
D put cyanide in his mother’s milk
She died of a heart attack, not related to the poison
He was not liable as ‘but for’ the cyanide, she still would have died
what is substantial and operative?
substantial - something more than trivial
operative - not sole or main but it is A cause
example where legal causation was established
R v Smith
soldier was stabbed in the lung during a fight
he was dropped off a stretcher and received slow, poor medical service and died
D was held liable for murder as the stabbing was the operant and substantial cause
example where legal causation chain was broken
R v Jordan
stabbed in the stomach and was healing well, he was then given antibiotics he was allergic to and died from a reaction
D was not liable as the doctor’s actions were an intervening act and more subsantial
what is the thin skull rule?
it is no defence that the victim is more venerable than normal
example of the thin skill rule
R v Haywood
D chased his wife out, shouting, she ran and collapsed and died.
found out after she had a thyroid condition
couldn’t use it as defence and he was charged with man slaughter
when is the defendant still liable even if it was the victim’s own acts?
if the victim reacts in a reasonable and foreseeable way and is caused by D
example of victim’s own acts
R v Robert
she was in a car and thought she was about to be assaulted so jumped out the car
he was convicted
