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Criminal Law, P1 OCR > General Elements of Criminal Law > Flashcards

General Elements of Criminal Law Flashcards

1
Q

omission def

A

a failure to act when there was a duty to act

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2
Q

omission cases

A

Stone and Dobinson, Gibbons and Proctor, Miller, Pittwood

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3
Q

Stone and Dobinson, Gibbons and Proctor

A

a duty to care for someone assumed voluntarily

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4
Q

Miller

A

a duty to deal with a dangerous situation

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5
Q

Pittwood

A

a contractual duty

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6
Q

factual causation

A

“but for test” - White, Pagett

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7
Q

legal causation

A

“operating and substantial cause of the consequence” which means “significant, more than minimal cause” - Smith, Pagett

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8
Q

novus actus interveniens

A

the chain of causation can be broken by an intervening act that is not reasonably foreseeable

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9
Q

Roberts, Corbett

A

NAI: the victims own act

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10
Q

Pagett

A

NAI: the act of a 3rd party

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11
Q

Cheshire

A

NAI: medical negligence will usually not break the chain of causation

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12
Q

Jordan

A

NAI: medical negligence will break the chain of causation if “palpably wrong”

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13
Q

Blaue

A

NAI: the thin skull rule, where the consequence was due to the victims hidden weakness, the d must take his v as he finds them

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14
Q

direct intention

A

where the d makes a decision to bring about a particular consequence (Mohan)

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15
Q

indirect intention

A

where the consequence was a ‘virtual certainty and the d appreciated this (Woollin)

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16
Q

subjective recklessness

A

where the d foresees a risk of the consequence and carries on regardless (Cunningham)

17
Q

transferred malice

A

where a crime is intended for one person but falls on another by accident (Latimer)

18
Q

coincidence rule

A

general principle that the mr and ar must coincide at the same time (Thabo Meli, Fagan v MPC)

19
Q

Mohan

A

direct intention

20
Q

Woollin

A

indirect intention

21
Q

Cunningham

A

subjective recklessness

22
Q

Latimer

A

transferred malice

23
Q

Thabo Meli

A

coincidence rule, series of events

24
Q

Fagan v MPC

A

coincidence rule, continuing event

Criminal Law, P1 OCR (17 decks)

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