Non-Fatal Offences

Question 1

Actus Reus

Answer 1

The physical element of a crime (positive act or omission)

Question 2

Mens Rea

Answer 2

The mental element of a crime

Question 3

Omission

Answer 3

Failure to act

Question 4

1. Statuory Duty

Answer 4

s.170 Road Traffic Act 1988 - duty to stop and report a road traffic accident

Question 5

2. Contractual Duty

Answer 5

The duty to act as written in a work contract - R v Pitwood

Question 6

3.Duty because of a relationship

Answer 6

Usually a parent-child relationship - R v Gibbons and Proctor

Question 7

4.Duty taken on voluntarily

Answer 7

R v Stone and Dobinson

Question 8

5.Duty through an official position

Answer 8

R v Dytham

Question 9

6.Duty through setting in motion a chain of events

Answer 9

R v Miller

Question 10

Duty of doctors

Answer 10

If stopping the treatment is in the best interest of the patient,then the omission is not the AR.
Airedale NHS Trust v Bland

Question 11

Act of assault

Answer 11

s.39 Criminal Justice Act 1988

Question 12

AR of assault

Answer 12

Causing the V to apprehend immediate and unlawful force

Question 13

MR for assault

Answer 13

Intention or recklessness as to the battery

Question 14

Cases that can amount to an assault

Answer 14

R v Constanza-written letters
R v Ireland -silent phone calls
Negated assault -Tuberville v Savage

Question 15

Act of battery

Answer 15

s.39 Criminal Justice Act 1988

Question 16

AR of battery

Answer 16

The application of unlawful force

Question 17

MR of battery

Answer 17

Intention or recklessness as to the battery

Question 18

Cases to support battery

Answer 18

Touching clothes can amount to battery - R v Thomas

Question 19

Causation equation

Answer 19

Factual Causation + Legal Causation - Novus Actus Interveniens

Question 20

Factual Causation

Answer 20

The consequence would not have happened ‘but for’ the D’s actions/conduct
-R v Pagett
-R v White

Question 21

Legal Causation

Answer 21

D’s were more than a minimal cause and the operating and substantiating cause of the consequences
-R v KImsey
-R v Blaue Thin skull rule