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Law - Y12 > Principles of Criminal Liability > Flashcards

Principles of Criminal Liability Flashcards

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1
Q

What is the Mens Rea of Battery?

A

Intention or recklessness as to causing fear of force or applying force.

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2
Q

What is Actus Reus?

A

The Physical part of a crime.

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3
Q

What is Mens Rea?

A

The mental intention of a crime.

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4
Q

What is an omission?

A

The failure to act.

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5
Q

What is an involuntary act?

A

An act that is not in bodily control and conscious decision such as sneezing.

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6
Q

What is a rule?

A

It specifies a certain conduct or procedure.

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7
Q

What is a principle?

A

It is the underlying reason we have a rule.

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8
Q

What are Legal Rules?

A

They tell us what we can and can’t do, but they also create rights.

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9
Q

What are Legal Principles?

A

They are the reasons we have a law.

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10
Q

What is a norm?

A

A norm is a customary way to behave.

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11
Q

What principle came from Nettleship v Weston 1971?

A

The concept of duty of care.

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12
Q

What is Common Law?

A

It’s a system of Judges making Laws that are ‘common’ to all.

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13
Q

What is Judicial Precedent?

A

When a Judge decides on a principle of law.

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14
Q

What is Statute Law?

A

Laws that are made by Parliament.

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15
Q

What is the European Convention on Human Rights?

A

A convention ratified by the UK.

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16
Q

What is Customary Law?

A

Accepted practices that become a part of society’s laws through established rules of customs.

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17
Q

What does the term ‘Sources of Law mean and 5 examples?

A

It refers to where the source comes from.
England and Wales are mainly;
Statutes, Common Law, Delegated Legislation, European Convention of Human Rights and International treaties.

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18
Q

What is Legislation?

A

It is Law made by Parliament and is sometimes referred to as Acts of Parliament or statutes.

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19
Q

Three types of Delegated Legislation.

A

Orders in Council, Statutory instruments, Bye Laws

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20
Q

What is Delegated Legislation?

A

Where other bodies are delegated more power to help Parliament out.

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21
Q

What do delegated legislation require parliament to pass?

A

An enabling statute.

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22
Q

What are International Treaties?

A

As the UK is part of the international community it will comply with international agreements.

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23
Q

What is Retained European Law?

A

Where despite Brexit has diminished most EU law, retained or existing EU laws continue to be binding.

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24
Q

Criminal Courts =

A

Magistrates, Crown, Court of Appeal, Supreme Court.

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25
Q

Civil Courts =

A

Magistrates, High Court, County Court, Court of Appeal, Supreme Court.

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26
Q

Tribunals =

A

First Tier Tribunal, Upper Tribunal, Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, Supreme Court.

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27
Q

Liable =

A

Civil Law

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28
Q

Guilty or not Guilty =

A

Criminal Law

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29
Q

Verdict =

A

Criminal Law

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30
Q

Judgement =

A

Civil Law

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31
Q

Burden of proof =

A

The person who is responsible for providing proof.

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32
Q

Standard of proof in Civil Law =

A

On the balance of probabilities.

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33
Q

What is the test for factual causation?

A

The ‘but for’ test, where but for the defendants acts the result wouldn’t have happened.

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34
Q

When is Legal causation used?

A

When there is more than one cause of the result where D’s act must be the operating and substantial cause.

35
Q

3 types of offences =

A

Summary, Either - way, Indictable

36
Q

3 types of crimes =

A

Result, State of Affairs, Conduct.

37
Q

Anagram to write exam questions =

A

I - Identify legal issue R - Explain the law A - Apply Law to facts C - Conclude

38
Q

2 places duty to act exceptions come from =

A

Statutes and common law.

39
Q

Example of duty to act exception in statute =

A

Road traffic act (1988) - where there is a duty to provide a urine or breath sample.

40
Q

Principle from R v Woolmington

A

Innocent until proven guilty.

41
Q

5 examples of duty to act exceptions in common law =

A

Contractual Duty, Special Relationships, Duty under Public Office, Voluntary assumption of responsibility, Creating a dangerous situation.

42
Q

Contractual Duty, explanation and example =

A

Where there may b a specific duty to act laid down in a person’s contact.
R v Pitwood: where D was contractually obliged to close a railway gate and didn’t, two people died as a train crashed into a car. His failure to act created criminal liability.

43
Q

Special Relationship, explanation and example =

A

Where there is a Legal duty to act where there is a special relationship between parties.
R v Gibbins and Proctor: The defendant’s failed to feed his 7 year old child, she died of starvation. They were convicted of murder, as there was a duty to act due to family relations.

44
Q

Duty under Public Office, explanation and example =

A

Where D is in a position o Public Office and fails to act.
R v Dytham: where D was a policeman off duty who failed to help a victim being attacked, who later died. His failure to act created criminal liability.

45
Q

Voluntary assumption of responsibility, explanation and example =

A

Where V has relied on D and the D failed to help:
R v Wacker: Where D smuggled 60 Chinese immigrants in a lorry. He restricted ventilation and 58 died. D was charged with manslaughter, they failed to act when people were in danger, therefore making them criminally liable.

46
Q

Creating a dangerous situation, explanation and example =

A

Where D creates a dangerous situation, by endangering lives or property and does nothing to minimise the risk.
R v Miller: D accidentally started a fire with a cigarette on a mattress, instead of attempting to do something, D ignored it and moved to another room. He was convicted of arson as his failure to act caused serious risk, resulting in criminal liability.

47
Q

R v Winter =

A

Failure to tell fire brigade about fireworks, two officers died, convicted of gross negligence manslaughter. Omission - creating dangerous situation.

48
Q

R v Stone and Dobinson =

A

Stone’s sister fell ill, failure to call for medical help and they were found guilty of murder. Omission - Voluntary assumption of responsibility.

49
Q

R v Evans =

A

D bought V heroin and V overdosed. Gross negligence manslaughter. Omission - creating dangerous situation.

50
Q

R v Blaue =

A

V stabbed by D, due to beliefs no blood transfusion, still manslaughter due to thin skull rule.

51
Q

R v Pagett =

A

D had a relationship with V, she broke up with him, D shot her father in the foot and kidnapped her. Used as human shield and shot at police. Police shot V. Factual causation was satisfied and D was guilty.

52
Q

Airdale NHS Trust v Bland =

A

Liverpool supporter crushed in Hillsborough. PVS for 3 years, decided to stop giving care as he was not improving. Duty of doctors - permission granted.

53
Q

R v White =

A

Intention to murder mother with arsenic, she died of natural causes. Factual causation not established, only attempted murder.

54
Q

R v Cheshire =

A

D shot V, tracheotomy performed and V died 6 weeks later. Chain of causation not broken. despite - negligent medical treatment.

55
Q

R v Jordan =

A

D stabbed V, died a week later due to known allergic reaction, another mistake was made and the hospital broke the chain of causation and were criminially liable for the death due to negligent medical treatment.

56
Q

R v Chua =

A

Nurse killed 2, poisoned 19 and attempted to poison 7 other patients with saline solution. He was guilty of murder.

57
Q

R v Roberts =

A

D misled V, attempting to make sexual advances and she jumped out of the car. As V’s actions were out of fright and foreseeable the chain of causation was not broken, therefore d was guilty of actual bodily harm.

58
Q

R v Kennedy =

A

D supplied V with heroin, which was then self administered. D was charged with supplying Class A drugs but not manslaughter as V’s acts were deliberate breaking the chain of causation.

59
Q

R v Majoram =

A

D inflicted GBH on V, he forced her out of her widow and in fear she jumped out of fright, receiving life threatening injuries. Satisfied Legal Causation as actions deemed foreseeable.

60
Q

R v Williams and Davis =

A

D picked up V on the way to Glastonbury, D allegedly robbed V and V jumped out of the car. D died and V’s conviction of manslaughter was quashed due to insufficient nature of threat.

61
Q

R v Dear =

A

D’s daughter accused a man of abuse, D went after him and slashed him, his wounds were stitched up and then the man reopened them due to depression. D was convicted as it was a foreseeable consequence and the operating and substantial cause of death was the slashing.

62
Q

R v Holland =

A

D caused a deep cut on V’s finger, V neglected himself and let the wound become infected.V refused amputation and died. D was still liable as it satisfied Legal Causation due to the Victims own act amounting to self neglect.

63
Q

R v Corbett =

A

D was drunk and V who had low mental illness accidentally urinated on him. D punched and headbutted him, V fell on a curb and a car smashed into his head and he died. D was convicted of constructive manslaughter as the chain of causation not broken.

64
Q

R v Hayward =

A

D chased wife out of the house, threatening her that she collapsed and died, due to previously unknown causes. She had thyroid issues, but D was still liable for manslaughter. Due to the thin skull rule.

65
Q

Legal principal of Victims own act of self neglect

A

Will not break the chain of causation.

66
Q

R v Woollin

A

D lost temper with his baby and threw him and the child died. Manslaughter not murder as Judge made a mistake. - Oblique intent.

67
Q

Oblique intention principle =

A

The Jury is entitled to ‘find’ intention only if they thought that the result was virtually certain to occur and the defendant realised this to be the case.- Woollin

68
Q

R v Matthews and Alleyne

A

D’s robbed V and threw him into a river knowing he could not swim. Convicted of murder. - foresight is only evidence from which oblique intent can be found.

69
Q

Oblique evidence principle of law, Matthews and Alleyne =

A

The defendant’s foresight of consequence is only evidence from which the Jury may find oblique intention.

70
Q

R v Cunningham

A

D broke into a gas meter for money and a pipe broke, causing a woman to die of asphyxiation. Conviction quashed as risk was not acknowledged. - Subjective Recklessness

71
Q

Subjective recklessness POL =

A

D must foresee a risk and unjustifiably take it.

72
Q

Direct intent POL =

A

Main aim or purpose (Mohan)

73
Q

Is MR viewed subjectively or objectively?

A

Subjectively

74
Q

R v Stringer

A

D started a fire in his home and walked out, one child died. He was charged with murder with intent to endanger life. - Oblique Intent

75
Q

R v G and Another

A

Two D’s started a fire with newspaper and put them in a wheelie bin to blow out. The fire spread but the D’s were young they were seen to be unaware of the risks and therefore their conviction was quashed. - Subjective Recklessness

76
Q

Transferred Malice POL =

A

Either intention or recklessness for the same type of offence can be transferred from an intended victim to an actual victim. (Latimer)

77
Q

R v Pembliton

A

D became involved in a fight, he threw a stone at the men but broke the pub window instead. Malice could not be transferred as it was a different type of offence.

78
Q

Fagan v MPC

A

D was directed by the police to move his car, ran over the police’s foot and refused to move. Formed as AR as a continuing act. - coincidence - transaction theory.

79
Q

Thabo Meli v R

A

D and others beat V with intending to kill him, rolled him off a cliff to look accidental but he survived both and died from exposure shortly after. - continuing act.

80
Q

R v Le Brun

A

D knocked his wife unconscious, he dragged her and she hit her head on a kerb killing her. - Continuing act.

81
Q

R v Church

A

D’s wife mocked his sexual satisfaction abilities, she slapped him and D threw her body into the river thinking she was unconcious. Convicted of manslaughter - continuing act.

82
Q

R v Latimer

A

D swung belt intended to hit a man but hit a woman instead. - Transferred Malice same type of offence.

83
Q

What is transaction theory?

A

Where AR is part of a larger sequence of events, MR may have been present at some time during the transaction or the events.

Law - Y12 (3 decks)

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