Unit 2 - Rules of Criminal Law, Theory in Criminal Law, General Elements of Liability, Fatal Offences against the Person Flashcards
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What are the two requirements for a crime?
The act must be prohibited by the state and punishable by the state.
Are most new crimes decided by Parliament or by common law?
Parliament
Case - example of a new crime being created by common law in recent history
R v R (1991) - marital rape
What is paternalism?
The belief that the state is justified in protecting individuals from harm.
What is legal moralism?
The idea that immoral conduct is criminalised for better social cohesion.
What is fair labelling?
The principle that crimes should be defined to reflect their wrongness and severity.
What is correspondence?
The principle that the result the defendant intends or foresees should match the result that occurs.
What is maximum certainty?
The principle that decisions are made according to legal rules
What two elements are common to most crimes?
Actus reus and mens rea - guilty act and guilty mind.
What is the standard of proof in criminal law?
“Beyond all reasonable doubt”
Case - shows that actus reus must be voluntary
Hill v Baxter (1958) - bees
Case - shows that failure to act may sometimes be an actus reus if there is a duty to act or a special relationship
R v Gibbons & Proctor (1918) - starved child
What two types of causation are required for an actus reus to be proven?
Factual and legal causation
What is the Latin term for a new act occurring which may break the chain of causation?
Novus actus interveniens
Case - example of a potential act breaking the chain of causation
R v Roberts (1971) - jump from car to avoid sexual assault
What are the three types of mens rea required?
Direct intent, oblique intent and subjective recklessness/basic intent
What is direct intent?
The highest level of mens rea - the actus reus was D’s aim and purpose
Case - example of direct intent not being proven
R v Mohan (1976) - run over police
What is oblique intent?
The consequence is virtually certain AND D is aware of it
Case - example of oblique intent
R v Woollin (1998) - child fractured skull
What is subjective recklessness?
D appreciates the risk and continues. Also known as basic intent.
Case - subjective recklessness not proven
R v Cunningham (1957) - gas meter theft
What is a strict liability crime?
A crime with no mens rea.
Why might a crime be designated as strict liability?
In order to regulate society and protect the vulnerable.
Case - example of strict liability crime
Winzar v Chief Constable of Kent (1983) - vagrant and drunk
What is contemporaneity?
The idea that the actus reus and mens rea must usually be simultaneous
Case - example of a “continuing act” for purpose of contemporaneity
Fagan v MPC (1969) - police foot
What is the definition of murder?
An unlawful killing of a human being with malice aforethought
Case - example of “unlawful” being defined i/r/t murder
R v Clegg (1995) - NI border shooting
What is the definition of “death” i/r/t murder?
Brain stem death
Case - example of “death” being defined i/r/t murder
R v Inglis (2011) - mercy killing
What is the definition of “human being” i/r/t murder?
Independent of their mother and can breathe through their own lungs
Case - example of “human being” being defined i/r/t murder?
Attorney General Reg No 3 of 1994 (1997) - in utero killing
What is the mens rea of murder?
Intent to kill or cause grievous bodily harm. Direct or oblique intent.
What are the two partial defences to murder which can reduce it to voluntary manslaughter?
Diminished responsibility and loss of control
What Act defined the two partial defences to murder?
Coroners and Justice Act 2009
What is the three point test for determining loss of control?
- The Defendant must lose control
- Because of a qualifying trigger
- And someone of the same sex, age, and tolerance would have acted in a similar fashion
What are the two categories of qualifying trigger i/r/t loss of control?
Fear and anger
Which two factors do NOT qualify as triggers i/r/t loss of control?
Sexual infidelity and revenge
Case - example of loss of control
R v Clinton (2012) - affair killing
What is the four point test for determining diminished responsibility i/r/t voluntary manslaughter?
- The Defendant must have an abnormality of mental functioning
- Stemming from a recognised medical condition
- Which impairs their ability to exercise self-control, understand their conduct or behave rationally
- Which explains their actions
Case - example of diminished responsibility i/r/t voluntary manslaughter
R v Dietschmann (2003) - broken watch
What is the definition of involuntary manslaughter?
The actus reus remains the same but the mens rea of murder is not reached, and a lesser mens rea does.
What are the two types of involuntary manslaughter?
Unlawful and dangerous act manslaughter and gross negligence manslaughter
What is the actus reus of unlawful and dangerous act manslaughter?
An act which is unlawful and which a sober and reasonable person would realise would subject victim to reasonable harm.
What mens rea is required for unlawful and dangerous act manslaughter?
Mens rea of unlawful act
Case - example of unlawful and dangerous act manslaughter by means of assault.
R v Ball (1989) - not blanks
What is the four point test of determining gross negligence manslaughter?
- The Defendant owes a duty of care to the deceased
- That duty was breached in a manner that is negligent and which became criminal
- The breach must have caused the victim’s death
- The breach must be gross, as determined by the jury
Case - key case for gross negligence manslaughter, named the test used
R v Adomako (1994) anaethist oxygen
