Paper 1 B Elements of a Crime Flashcards
Actus Reus
Physical Element of a crime
Type of act
normally a positive, voluntary act [Hill v Baxter]
Hill v Baxter Examples
struck by a stone
overcome by a sudden illness
attacked by a swarm of bee’s
R V Mitchell
Must be a voluntary Act
2 Types of Actus Reus
voluntary act, omission
Omission
Failure to act, when under a duty to act
A statutory Duty
S.1 children and young persons act
offence for an adult in a position of responsibility to fail to support a child
A contractual duty
R v Pittwood
A duty through a contractual agreement
A duty through an official position
R V Dytham
E.G. Police must act if they see a crime being committed
A duty because of a dangerous situation/chain of events
R v Miller
Must take reasonable steps to prevent the dangerous situation
A duty because of a special relationship
Gibbins and Proctor
E.G. Father and daughter
A duty because of the assumption of responsibility
Stone and Dobinson
E.G. taken an ill family member into the home
Types of Causation
factual [white] and legal
causation
there must be a causal connection between D’s conduct and the consequence
the standard of proof
Beyond reasonable doubt
factual causation
white - but for test
But for D’s actions, would the consequence have occurred
Legal causation
De minimis Principle
Intervening Acts
Thin skull Rule
De minimis Principle
Paggett, Kimsey
Pagget
D must make a more than minimal contribution
Kimsey
D must have a more than slight or trifling link between D’s actions and the consequence
Intervening Acts [Novus Actus Interveniens]
Acts of a third party
acts of the victim
acts of god
Acts of third party cases
Smith, chesire, jordan, malcherek
Smith
medical treatment can be ‘thoroughly bad’ as long as the ‘original injury is still operating and substantial’
Chesire
the act of a third party must render D’s ‘contribution insignificant’, if it is significantly connected to the original injury, it will not break causation
Jordan
palpably bad treatment breaks the causation
Malcherek
Turning off life support does not break causation, if the courts and doctors agree
Acts of the victim
Roberts, williams and davis
Roberts
V’s action must be ‘daft or unexpected’ to break causation
williams and davis
V’s action must ‘daft or unexpected’ to break causation
Acts of God
It is a natural but unpredictable event, there are no cases for this - it has never happened
Thin skull rule
Blaue
D must take V as they find them, it concerns the whole man, physical mental and religious - including an inability to swim
Mens Rea
The mental element of a crime
MR is
intention - direct or oblique
Recklessness
Strict liability offences
Strict liability offences do not need MR
Basic intent crimes
Only direct intent or recklessness
Specific intent crimes
only direct and oblique intent
Direct intent
Mohan - intent is the D’s aim or purpose
Oblique intent
evidence of intent
D intends one thing but the consequence is different
Nedrick, Woolllin
If D foresees the consequence as a virtual certainty, jury can find oblique intent
matthews and alleyene
foresight of consequences is not intention, it is strong evidence of intention
Recklessness
cunningham
D knows there is a risk of the consequence but takes the risk anyway
Cunningham
D must realise the risk of harm and assume it to have the MR satisfied
Transferred Malice
latimer pembliton
D can be guilty if they intend to commit a similar crime to a different victim
Latimer
MR for the intended V can be transferred to the actual V
Pembliton
MR cannot be transferred between separate that are not similar offences
E.G.
MR for GBH can be transferred to murder
MR for ABH cannot be transferred to Criminal Damage
Coincidence of Actus Reus and Mens rea
they generally occur at the same time, D intends to hit V [MR]. D hits V [AR]
Flexible approach is taken via sequence of events and continuing acts, to ensure a fair trial
can MR and AR be separate
MR and AR must ‘coincide at one point’
Sequence of Events
Thago Meli
V was still alive when D’s abandoned the body thinking he was dead.
Ruled as a sequence of events leading death
Continuing Act
Fagan v MPC
D drove on policeman’s foot, did not know, then refused to get off
Counted as occurring at the same time as a continuing act.
