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Law > Underlying Principles Of Criminal Liability > Flashcards

Underlying Principles Of Criminal Liability Flashcards

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1
Q

What is Actus Reus?

A

The physical element of the crime.

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2
Q

What is Actus Reus made up of?

A

All the elements of the offence except D’s state of mind.

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3
Q

What is Actus Reus Latin for?

A

‘Guilty Act’

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4
Q

In terms of Actus Reus, D’s conduct must be what?

A

Voluntary.

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5
Q

What is an omission?

A

A failure to act.

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6
Q

Example of an omission?

A

Committing murder by failing to feed someone.

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7
Q

What do result crimes require?

A

D’s conduct to produce a particular result.

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8
Q

Example of a result crime?

A

Murder requires D to cause the death of a person

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9
Q

What are state affairs?

A

‘Being’ rather than ‘doing’ offences.

They are very rare.

D is guilty even though they didn’t act voluntarily.

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10
Q

Case example of state affairs?

A

R v larsonneur 1933

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11
Q

What do conduct and circumstance require?

A

Demand the presence of a certain circumstance.

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12
Q

What is the general law of omissions?

A

Don’t have to act unless under a duty to do so

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13
Q

What are the types of Actus Reus?

A 
Action crimes
Conduct and circumstance crimes
State of affairs crimes
Result crimes
Omissions
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14
Q

What do action crimes cause?

A

Someone’s death

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15
Q

What do action crimes require?

A

The defendant to do a specified act. Once the act is done, the Actus Reus is complete. It does not matter what the consequences are:

E.g. Perjury- D lies under oath. It will not matter if the courts believed him or not.

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16
Q

Explanation of contractural responsibility + case?

A

If a defendant is under a contractural duty to act and fails to do so, they may be liable if others are likely to be injured as a result.

R v Pittwood : gate keeper forgot to shut gate. D was liable because it was his job to do so.

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17
Q

Explanation of parental responsibility + case?

A

Parents owe a duty to their children.

R v Gibbons & Proctor : D’s liable when they failed to feed one of the children and she died.

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18
Q

Explanation of voluntary acceptance of responsibility + case?

A

A duty to act may also be imposed where someone voluntarily accepts responsibility for another.

R v Stone & Dobinson : D’s liable when she refused to take care of person she volunteered to help.

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19
Q

Explanation of public duty + case?

A

Those holding a public office may be held liable for their omissions.

R v Dytham : D’s liable when he failed to fulfil his duty when he observed a fight that killed a man

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20
Q

Explanation of creating a dangerous situation + case?

A

The creator of a risk to another’s life or property is under a duty to act in order to stop or at least limit the harm caused

R v Miller : D’s liable for arsen when he accidentally started a fire and moved to another room and didn’t extinguish it.

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21
Q

Explanation of statutory omissions + case?

A

Duties can also arise through statute.

Road traffic act 1988: makes the failure to wear a seatbelt an offence.

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22
Q

Causation is only an issue in what crimes?

A

Result crimes such as ABH, GBH and murder.

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23
Q

What must the prosecution prove with causation?

A

They must prove, beyond reasonable doubt, that the defendant caused the prohibited result.

E.g. For ABH, they must show that the defendants actions caused the actual bodily harm.

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24
Q

How do the prosecution prove causation?

A

They must show that the defendant was the factual and legal cause of the result.

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25
Q

How do you test for factual causation?

A

The ‘but for’ test - would the result have happened ‘but for’ the defendants actions.

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26
Q

In what case was the but for test established?

A

R v white - D intended to poison his mother, who died from an unrelated heart attack

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27
Q

Legal principle of R v white?

A

But for D’s actions, would his mother have died? The answer is yes she would have died anyway. D was therefore not the factual cause of his mothers death. D was guilty of attempted murder.

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28
Q

What is the de minimis rule?

A

D’s actions must make a more than minimal contribution to the result.

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29
Q

Why do we need legal causation?

A

Legal causation is required to ensure that only the truly blameworthy are criminally liable. The link between the act and the consequence is known as the ‘chain of causation’.

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30
Q

The test for legal causation?

A

The test is whether D’s actions were the substantial and operating cause of the result.

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31
Q

What is the substantial cause? (+ case example and legal principle)

A

D’s actions must be a significant cause of the death

E.g. R v Pagett : police bullet killed his girlfriend after he used her as a human shield.

Legal principle : D’s acts do not have to be the sole cause or even the main cause of death, provided that they contributed significantly to the result.

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32
Q

What is Mens Rea Latin for?

A

“Guilty mind”

33
Q

What does Mens area refer to?

A

The state of mind of the defendant at the time the offence was committed.

34
Q

Types of Mens Rea?

A

Intention

Subjective Recklessness

35
Q

Two types of intention?

A

Direct

Indirect

36
Q

What is direct intention?

A

Occurs when the defendant intends and wants the result.

R v Gregory and Mott when D stabbed the victim, wanting them to die.

37
Q

What is indirect intention (oblique)?

A

Occurs when D intended the act but not the consequences. In this instance, D intends but does not necessarily want the result.

38
Q

When can the jury still find that D had intention?

A

If the consequence is virtually certain to happen and the defendant knows this is the case. This test was developed by the courts in R v Nedrick and confirmed by the House of Lords in R v Woollin.

39
Q

What case was recklessness defined?

A

In R v Cunningham as the taking of an unjustified risk. This is where the defendant knows there is a risk of the criminal consequence occurring but is willing to take that chance.

40
Q

Case of R v Cunningham?

Facts and legal principle

A

D ripped gas payment meter off the wall in order to steal money inside. He ripped the gas pipes and gas escaped through to next door where an occupant was overcome by fumes.

D was charged with maliciously administering a noxious substance.

Law: d will be reckless if he sees the risk that his conduct may cause a result but carries on anyway.

41
Q

The general rule for contemporaneity?

A

The Actus Reus and Mens Rea must occur at the same time.

42
Q

When can the continuing act apply?

A

If the Actus Reus comes before the Mens Rea. The Actus Reus is stretched over time to meet the point where D had Mens Rea.

43
Q

Case of Continuing Act?

facts + law

A

Fagan v MPC

D accidentally drove car onto v’s foot. He deliberately continued to leave the car there, despite being asked by the victim to remove it. He was found guilty of assault.

D did not have Mens Rea when he accidentally drove the car onto his foot, however he did have it when he refused to remove it. The courts said that keeping the wheel on the foot was a continuing act.

44
Q

When can one transaction apply?

A

If the Mens Rea comes before the Actus Reus. If D’s actions are all part of the same series of events, it will be considered as a single transaction. The Mens Rea is said to continue throughout.

45
Q

Case example of one transaction?

Facts and law

A

Thabo Meli

D hit V over the head intending to kill him, believing v was dead, he threw him off a cliff to make the death look like an accident. V died later of exposure. The courts applied the ‘one transaction’ doctrine. D was guilty as his intention to kill v and throwing him off the cliff was part of a single transaction. Mens Rea continued throughout as D had planned and set out to kill V.

46
Q

What is the Actus Reus of assault?

A

Any act that makes V fear the immediate infliction of unlawful force.

47
Q

Actus Reus of battery?

A

Actual infliction of unlawful force on another person.

48
Q

Actus Reus of ABH?

A

R v Chan Fook says there must be an assault or battery that causes ABH

49
Q

Actus Reus of s20 GBH?

A

Prosecution must prove that D caused either a wound or GBH

50
Q

Actus Reus of s18 GBH?

A

Same as s20

51
Q

Mens Rea of assault?

A

Intention - D intends V to apprehend force

Recklessness - D foresees V may apprehend force and has taken the risk.

52
Q

Mens Rea of battery?

A

Intention - D intends to apply force to v

   OR

Subjective Recklessness - D sees the risk of unlawful contact but carries on.

53
Q

Mens Rea of ABH?

A

Exactly the same as for assault/ battery - intention or recklessness as to the assault or battery

R v Savage - D not intend/foresee ABH

54
Q

Mens Rea of s20 GBH.

A

Intention - D intends to cause SOME HARM OR

recklessness - D sees the risk of causing SOME HARM.

55
Q

Mens Rea of s18 GBH.

A

Intention to cause GBH
OR
Intention to avoid arrest

56
Q

Examples of harm injury (assault)

A

Fright, thinking you add going to be attacked after someone shouts/ raises their fist/ points a gun.

57
Q

Examples of harm/ injury ( battery)

A

Least touching of another so need not cause injury

58
Q

Examples of harm or injury (ABH)

A 
Bruising
Cutting hair
Psychiatric harm
Medical condition
Headaches and stress
59
Q

Examples of harm or injury (s20. GBH)

A 
Internal bleeding is not enough for a wound
Broken nose
Missing teeth
Concussion
Severe depression
Biological injury
60
Q

Examples of harm or injury (s18. GBH)

A

D must intend to cause grievous injuries

61
Q

Cases for assault?

A

R v Constanza - words can be an assault

R v Ireland - silence can be an assault

Smith v Woking - ‘immediate’ was given a broad interpretation as D was still guilty even though he could not have immediately inflicted force as he was outside

62
Q

Cases for battery?

A

R v Thomas - touching clothes

R v Martin/ DPP v k / Haystead v DPP - can be indirect

63
Q

Cases for ABH?

A

R v Donovan - not merely transient or trifling

64
Q

Cases for s20 GBH?

A

C v Eisenhower - wound means a break in all layers of the skin (blood)
DPP v smith - GBH is ‘really serious harm’
R v Grimshaw - d must intend/foresee some harm, not GBH

65
Q

Type of offence (assault)?

A

Summary

66
Q

Type of offence (battery)?

A

Summary

67
Q

Type of offence (ABH) ?

A

Either way

68
Q

Type of offence s20 GBH?

A

Either way

69
Q

Type of offence s18 GBH?

A

Indictable

70
Q

Max sentence for assault?

A

6 months imprisonment or/and fine

71
Q

Max sentence for battery?

A

6 months imprisonment or/and fine

72
Q

Max sentence for ABH?

A

5 years imprisonment

73
Q

Max sentence for s20 GBH?

A

5 years imprisonment

74
Q

Max sentence for s18 GBH?

A

Life Imprisonment

75
Q

How do strict liability offences differ from other offences?

A

They don’t require Mens Rea

76
Q

Why were strict liability offences introduced?

A

Easier to prove guilt.

77
Q

How can we tell if an offence is one of strict liability?

A

The courts have to interpret the statute in order to decide if Mens Rea is needed. They gave guidance as to what we looked at in gammon v A-G of Hong Kong.

78
Q

What are the gammon propositions?

A
  1. The courts always presume that Mens Rea is required

The House of Lords restricted the use of strict liability in the case of B v DPP. The more serious the offence, the greater is the weight to be attached to the presumption, because the more severe is the punishment and the graver stigma which accompany a conviction

  1. This is especially if the offence is truly criminal in character

Sweet v parsley
The House of Lords said that as the offence was a true crime, Mens Rea was required and the defendant was therefore not guilty, as she did not know the students were taking drugs

  1. To be considered a strict liability offence, the statute must clearly exclude Mens Rea.

Words used in the statute:
Knowingly, intentionally, recklessly suggest Mens Rea is required.

Found, caused, concerned, possession suggest Mens Rea is not.

  1. Strict liability is more likely for offences relating to public safety or social concern

Alphacell v Woodward - preventing pollution (area of concern)
Smedleys v breed - public safety (AOC)
R v Blake - public safety (AOC)
Harrow LBC v shah - social concern (AOC)

  1. An offence is more likely to be one of strict liability if it encourages greater vigilance.

Even if the statute relates to and issue of social concern, the courts still presume that Mens Rea is intended unless it can be shown that strict liability will encourage people to be more vigilant in making sure that they do not commit the prohibited act

Law (2 decks)

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