Paper 1 S.B - Criminal law Flashcards
what is the actus reus?
the act of doing something referred to as the guilty act
what is the mens rea?
state of mind(intention) to commit the act
what are the two types of intention?
- direct intention
- oblique intention
what is direct intention? and case
where the defendant desires an outcome
R v WHITE
what is oblique intention? and case
where the defendant desires a different outcome but is virtually certain that death or serious injury will occur as a result of their actions
R v WOOLIN
what does recklessness mean? and case
being aware of the risk but going ahead and doing the act anyway
R v CUNNINGHAM
transferred malice cases (2)
- R v LATIMER
- R v MITCHELL
but for test case
R v WHITE
what are the three elements of legal causation?
1) op & sub cause
2) intervening act
3) thin skull rule
* prosecution must prove one or more*
what is operating and substantial cause? and case
the defendants act was more than a minimal cause of death
R v SMITH
what is the intervening act? cases
even if there is an intervening act the def will still be found guilty if the act is considered foreseeable
R v PAGETT
the victims own act will not break the chain of causation even if it is foreseeable
R v ROBERTS
medical treatment will only break the chain of causation if it is ‘palpably wrong’
R v JORDAN
what is the thin skull rule? and case
take your victim as you find them
R v BLAUE
what is the definition of murder and who said it?
LJ Coke - “the unlawful killing of a reasonable human being under the Queen’s peace with malice aforethought, express or implied”
what is the first stage of murder?
- unlawful killing*
- can be committed by an act or omission
- killing in self defence would be lawful
- doctors may kill in limited circumstances AIREDALE NHS TRUST v BLAND
- defence of necessity RE A
what is the second stage of murder?
- reasonable person being*
- must be independent from mother AG ref NO3 of 1994
- cease to become human –> brain stem dead R v MALCHEREK & STEEL
- vegetative state R v INGLIS
what is the third stage of murder?
- under queens peace*
- not in war time
what is the fourth stage of murder?
causation
Factual
- but for test R v WHITE
Legal
- op & sub cause R v SMITH
- Intervening Act R v PAGETT R v ROBERTS
- palpably wrong medical treatment R v JORDAN
- thin skull rule R v BLAUE
what is the mens rea of murder?
- Intention to kill or to cause GBH R v VICKERS
- virtual certainty - death or serious injury was a virtual certainty R v WOOLIN
where does Dim Res come from?
s . 52 Coroners and justice act 2009
what are the four stages of dim res?
1) an abnormality of mental functioning
2) arising from a recognised medical condition
3) substantially impairs d’s ability to…
4) provides an explanation for d’s acts or omissions
what is an abnormality of mental functioning? and case
’ state of mind so different that a reasonable person would deem it abnormal ‘ R v BYRNE
what are the cases for ‘arising from a recognised medical condition’?
R v CONROY - autism R v OSBOURNE - ADHD R v GITTENS - Chronic depression R v SPEAKE - mental deficiency R v PUPOLINS - schizophrenia R v SMITH - PMS R v AHLUWAHLIA - battered woman syndrome R v BUTLER - BWS (verbal) R v MARTIN - personality disorder
what are the three stages of ‘substantially impairs d’s ability to…’
substantial --> more than some trivial degree of impairment --> R v EGAN a) understand nature of the act b) form a rational judgment c) exercise self control R v CAMPBELL R v MARTIN R v GOLDS
what is the fourth stage of dim res?
- provides an explanation for d’s acts or omission *
INTOX - suffering simultaneously with condition –> disregard intox R v DIETSCHMANN
- intox has caused recognised medical condition –> alcohol dependency R v DOWDS
where does loss of control come from?
s .54 - 55 of the Coroners and Justice act 2009
what are the 3 stages of loss of control?
1) d must kill as a result of loss of self control
2) must be caused by a qualifying trigger
3) objective test
d must kill as a result of loss of control involves…
- loss of control does not need to be sudden(s54(2)
R v IBRAMS & GREGORY / R v JEWELL - the longer the delay the more likely it is to be considered revenge (s54(4) R v BAILIE
must be caused by qualifying trigger involves…
s55(3) - fear of violence against d or another identified person –> fear must be genuine
s55(4) - ‘things done or said not only constituted circumstances of an extremely grave character but gave d a justifiable sense of being seriously wronged
R v ZEBEDEE - wasn’t extremely grave
R v BOWYER/HATTER - break up of a relationship does not constitute grave character
R v CLINTON - sexual infidelity expressly excluded s55(6)(c) but CLINTON can be relied upon if other triggers exist
RESTRICTIONS
- not allowed to incite violence or the things said or done R v DAWES
LOSS OF CONTORL - objective test(3rd stage) involves
‘would a person of d’s own sex, age with a normal degree of tolerance and self restraint and in d’s circumstances have acted in the same or similar way’
AG for JERSEY v HOLLEY
cannot consider short temper - R v MOHAMMED
cannot consider intox - R v ASMELASH
what is unlawful act manslaughter?
where d has committed an unlawful act which has caused the death of another person
what are the three stages of unlawful act manslaughter?
1) there must be an unlawful act
2) the unlawful act must be dangerous
3) the unlawful act must have caused the death
what are the cases for an ‘unlawful act’?(UAM)
R v LAMB - revolver, thought it wasn’t loaded
R v CATO - heroin uses - had freely consented
what involves the second stage of UAM?
to decide whether act is dangerous - use objective test –> comes from R v CHURCH
“the unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to, at least the risk of some harm albeit not serious harm”
transferred malice - can be classed as being directed at victim R v MITCHELL
- not enough to merely frighten someone R v DAWSON
- spitting/ insults not considered dangerous act R v JOHNSTON
what involves the third stage of UAM?
both legal and factual causation must be proved
* the unlawful act does not have to be the sole cause of death but must contribute to it * R v KENNEDY no2
what is the mens rea of UAM?
that which is required by the unlawful act that d has committed
DPP v NEWBURY & JONES
where does gross negligence manslaughter come from?
came from R v BATEMAN (was ADAMAKO)
what are the three stages of GNM?
1) does a duty of care exist?
2) was there a breach of that duty causing the death of the victim?
3) was the negligence serious enough to give rise to criminal liability?
what does the duty stage of GNM involve?
main cases - R v STONE & DOBINSON - R v WINTER & WINTER - R v Wacker could be: - contractual duty R v PITTWOOD - creating a dangerous situation - R v MILLER - family - R v GIBBONS & PROCTOR
what does the breach stage of GNM involve?
duty is breached when a person falls below the standard of a reasonable person performing the activity involved
R v MISTRA & SRIVASTAVA
what does the damage stage of GNM involve?
R v ADAMAKO - failed to notice tube from patient
test - “whether, having regard to the risk of death involved, the conduct of the defendant was so bad in all circumstances as to amount, in their judgement, to a criminal act or omission”
R v CHURCH R v EDWARDS
what is the mens rea of GNM?
no mens rea as such
- have to prove d was grossly negligent and that in some cases, they intended to or were reckless about causing a dangerous situation
