Non-Fatal Offences Flashcards
Actus Reus
The physical element of a crime (positive act or omission)
Mens Rea
The mental element of a crime
Omission
Failure to act
- Statuory Duty
s.170 Road Traffic Act 1988 - duty to stop and report a road traffic accident
- Contractual Duty
The duty to act as written in a work contract - R v Pitwood
3.Duty because of a relationship
Usually a parent-child relationship - R v Gibbons and Proctor
4.Duty taken on voluntarily
R v Stone and Dobinson
5.Duty through an official position
R v Dytham
6.Duty through setting in motion a chain of events
R v Miller
Duty of doctors
If stopping the treatment is in the best interest of the patient,then the omission is not the AR.
Airedale NHS Trust v Bland
Act of assault
s.39 Criminal Justice Act 1988
AR of assault
Causing the V to apprehend immediate and unlawful force
MR for assault
Intention or recklessness as to the battery
Cases that can amount to an assault
R v Constanza-written letters
R v Ireland -silent phone calls
Negated assault -Tuberville v Savage
Act of battery
s.39 Criminal Justice Act 1988
AR of battery
The application of unlawful force
MR of battery
Intention or recklessness as to the battery
Cases to support battery
Touching clothes can amount to battery - R v Thomas
Causation equation
Factual Causation + Legal Causation - Novus Actus Interveniens
Factual Causation
The consequence would not have happened ‘but for’ the D’s actions/conduct
-R v Pagett
-R v White
Legal Causation
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
