Elements of a Crime

Question 1

Omission

Answer 1

failure to act - only liable for an omission if a duty is owed
CRAPC duties

Question 2

CRAPC omissions

Answer 2

Contractual
Relationship
Assuming responsibility voluntarily
Public office
Creating a dangerous situation

Question 3

Contractual

Answer 3

R v Pittwood
D failed to perform his job when he didn’t close the gate at a railway and someone died

Question 4

Relationship

Answer 4

R v Gibbins and Proctor
D’s neglected their child

Question 5

Assuming responsibility voluntarily

Answer 5

R v Stone and Dobinson
D’s assumed care for their aunt and neglected her

Question 6

Public office

Answer 6

R v Dytham
D was a police officer off duty who failed to interrupt a fight when one broke out and a man died

Question 7

Creating a dangerous situation

Answer 7

R v Miller
D failed to alert others when he accidentally created a fire

Question 8

Factual causation

Answer 8

‘but for’ test - Pagett

Question 9

Legal causation

Answer 9

‘operative and substantial’ test meaning a significant cause - Smith

Question 10

Intervening acts

Answer 10

can break the chain of causation if unreasonable and unforseeable
acts of victim, 3rd party or God

Question 11

Acts of Victim

Answer 11

R v Williams - unreasonable and unforseeable (robbery threat)
R v Roberts - reasonable and forseeable (sexual assault threat)

Question 12

Acts of 3rd Party

Answer 12

Pagett - reasonable and forseeable (D used V as a human shield and aimed at police; police fired back, killing V)
Jordan - unreasonable, unreasonable and palpably wrong (Doctors gave V incorrect medication and pumped V with X6 the amount of liquid that should ever be in a person’s body, killing V)

Question 13

Medical - intervening acts

Answer 13

Medical acts of 3rd party must also be palpably wrong.

Question 14

Thin Skull Rule

Answer 14

D must take V as he finds them
R v Blaue - V was a Jehovah’s Witness and died once refusing a blood transfusion due to religious reasons.

Question 15

Direct intention

Answer 15

Mohan - D’s decision or aim to bring about the prohibited consequence

Question 16

Oblique intention

Answer 16

Woollin - Was D’s consequence virtually certain? Did D realise this?

Question 17

Recklessness

Answer 17

D realises a risk but continues regardless
Cunningham

Question 18

Transferred Malice

Answer 18

Latimer - mens rea can be transferred from intended victim to actual victim
Pembliton - mens rea cannot be transferred between crimes

Question 19

Coincidence

Answer 19

D’s mens rea and actus reus must be present at the same time.
If this is not the case, courts can extend them so they are.
Single transaction theory, Continuing Act

Question 20

Single Transaction Theory

Answer 20

when D’s mens rea was present but isn’t when the actus reus is later - D’s mens rea can be extended.
R v Thabo Meli

Question 21

Continuing Act

Answer 21

When D’s actus reus was present but isn’t when the mens rea is later - the actus reus can be extended.
Fagan v MPC