Principles Flashcards
What is the crime equation?
actus reus + mens rea (- defence)
The actus reus and the mens rea must occur ________
Together - i.e. they must coincide.
What are the types of actus reus (in respect to timeline)?
1) Fresh act
2) Continuing act (Fagan v Police Commissioner)
3) Omission (R v Miller)
4) Merger/single transaction doctrine (Thabo Meli v Queen)
What are the elements of actus reus?
Conduct/Omission
Circumstances
Consequences
What are the types of conduct/omission?
Action
Omission
Possession
State of affairs/situation
In which cases does one have a specific legal duty to act and as such can be guilty by omission?
1) Statutory
2) Contractual - R v Pittwood
3) Familial - R v Gibbins/Proctor
4) Assumption of care - R v Stone/Dobinson
5) Endangerment/creation of a dangerous situation - R v Miller
How is guilt by omission determined?
Objective test - would a reasonable person have realized the danger and acted differently?
What is causation in fact?
If the result would not have occurred “but for” the act.
How do you determine causation in law?
Conduct must have been substantial, blameworthy, and the operating cause of the result. It must have made a difference - R v Dalloway.
What is novus actus interveniens?
An unconnected, unforeseen, coincidental event which breaks the chain of causation.
What are the requirements for intervention to break the causal chain?
Intervention must be free, voluntary (R v Pagett), informed (R v Michael), and unforseeable.
What does it mean to “take the victim as you find them”?
A unique vulnerability in the victim does not affect the chain of causation or absolve the perpetrator.
How does medical treatment affect causation?
Two ways:
1) Victim refusing medical treatment does not break the chain (R v Blaue)
2) Negligent medical treatment doesn’t break the chain (R v Mellor) unless the original wound was almost entirely healed (R v Jordan)
What are the levels of mens rea, from most serious to least serious?
1) Intention
2) Knowledge
3) Belief
4) Recklessness
5) Negligence
List the topics covered in class.
Elements of an offence
Actus Reus and Causation
Mens Rea and Murder
Voluntary Manslaughter
Involuntary Manslaughter
Offences Against the Person
Defences
Theft and Fraud
Secondary Participation and Attempts
What are the requirements for causation?
Must find both causation in fact as well as in law.
Is it murder if someone was dying anyways and the defendant hastened it?
Yes. We all die someday, so accelerating a death can be a material contribution to the death and thereby be murder.
What are the two kinds of intention?
Direct intention and oblique intention.
What is the test for direct intention?
If the perpetrator would regard it as a failure if the consequence had not been achieved.
What is the test for oblique intention?
Derived from R v Woollin:
1) Result is virtually certain (objective)
2) D foresees result as virtually certain (subjective)
3) Jury is then permitted to find intention (not prescriptive).
What is the link between causation and foreseeability?
If the consequences were a foreseeable result of D’s actions, then there is a causal link. - R v Roberts.
What is the definition of recklessness?
D foresees particular type of harm and takes the risk anyways. R v Cunningham, R v Stephenson.
Are all actus reus voluntary (notwithstanding duress)?
- Actions are presumed voluntary unless the issue is specifically raised
- Exceptions to voluntariness include unconsciousness, or when one is being physically manipulated by another
- Cannot claim involuntary action if the cause was self-induced (e.g. voluntarily drunk)
Definition of transferred malice
- Derived from R v Latimer
- D intended to harm A but accidentally harmed B, they are liable for B’s injuries
- For transferred malice to function, the mens rea must have been for the same offence
What is general malice?
When the mens rea does not concern a specific victim, such as planting a bomb in a public place.
What are the homicide offences?
Offences resulting in a death. Includes:
Murder and manslaughter:
Voluntary manslaughter: Loss of Self-Control Manslaughter and Diminished Responsibility Manslaughter
Involuntary manslaughter: Constructive/Unlawful and Dangerous Act Manslaughter, Gross Negligence Manslaughter, Reckless Manslaughter
List the elements of murder.
- Unlawfully causing death
- of a person in being
- under the King’s peace
- with intention to kill or cause grievous bodily harm
What are the elements of the actus reus for murder?
Conduct: Unlawful
Consequence: Causing the death of a person in being
Circumstance: Under the King’s peace
What is the mens rea for murder?
Either:
1) Direct intention to cause death or grievous bodily harm to V
2) Oblique intention: death or GBH is a virtually certain result of D’s actions, and D foresaw that at the time
Who cannot be convicted of murder?
Organizations/corporations
Persons who are insane under M’Naughton rules
Children under 10
When is causing death lawful?
- Permitted by statute
- Self-defence
- Lawfully accelerating death with painkillers by a doctor
When is someone legally dead?
No strict definition, but heartbeat, breathing, circulation, and brain activity are all factors.
Definition of a person in being
- Child must be completely outside mother
- Child must be capable of independent existence (breathing and independent circulation)
Definition of Under King’s Peace
Excludes killing which takes pleace in accordance with the rules of war
Only pertains to the status of the victim - killer may believe they’re in a war and still be guilty of murder (R v Adebolajo and Adebowale)
What is the maximum time allowed to pass between the act and the death for a murder charge?
No limitation, however the Attorney General must consent if 3+ years have passed or if D was already prosecuted for a non-fatal offence. - Law Reform (Year and a Day Rule) Act 1996
