Criminal Conduct Flashcards
The actus reus must be committed voluntarily. Involuntary actions which do not attract criminal liability include what two situations?
A physical compulsion to act or a sudden loss of control
A loss of self control is an involuntary action that will not attract criminal liability. What must the sudden loss of control be?
Sudden and unexpected
Grandad has been fitting recently. He decides to drive and he fits, causing a crash. Can he rely on the act being involuntary and a sudden loss of control?
No as the impairment could be forseen and anticipated due to a pattern of previous similar incidents. This means that the act will be deemed to be voluntary.
Steven punches josh. Unbeknown to Steven, josh has a weak skull. Josh dies of his injuries. Is Steven guilty of murder?
YOU MUST TAKE A VICTIM AS YOU FIND THEM.
Just because Steven is unaware of the characteristic, the weakness in the skull did not break the chain of causation (the act linked with the consequence) and therefore he would be guilty of murder.
Sean Denton burgles a house and disturbs the occupants. The occupant has a hear attack and dies. Sean flees.
Is Sean guilty of manslaughter?
TAKE THE VICTIM AS YOU FIND THEM.
The victim’s frail ness did not break the chain of causation (act linked with the consequence) so he would be guilty.
Mike is stabbed. He is rushed into theatre for a risky operation. He dies during theatre as a result of blood loss during surgery. Is the chain of causation broken?
No as it is accepted medical practice.
Rufsa is stabbed and later refuses a blood transfusion. He dies. Is the chain of causation broken?
YOU MUST TAKE THE VICTIM AS YOU FIND THEM
This includes religious beliefs so no.
The actions of a victim will break the chain of causation if they are…
Voluntary AND daft
In Grenfell tower, Tony’s fridge caught fire. Instead of raising the alarm, he went out. Does he have a duty act?
Yes as it is a dangerous situation CREATED BY THE DEFENDANT
I am approached by joe who wants to kill Toria. He asks me how to commit murder and get away with it. I give him some tips but joe said they aren’t useful and he already knows what I have told him. Joe backs out of killing Toria eventually. Have I committed counselling?
No - the prosecution must prove:
- the act of counselling took place -YES
- The principal was aware of the counselling YES
- The principal went on to commit the crime - NO
Elaine wants to kill Maria. I help her by providing her the gun. Elaine goes and kills her when I was not there. Am I an accessory to murder by procuring?
Yes but the prosecution must show:
- I carried out an act which assisted the principal
- at the time I contemplated that they would go on to commit the offence
- I deliberately provided my assistance being aware that my actions were capable of assisting
- I intended that my actions assisted
Can an accessory still be found guilty even if the principal is either not traced or acquitted?
Yes
I procure a car for someone to use as a getaway vehicle in a bank robbery. What four steps do the prosecution now need to prove?
- That I carried out an act which in fact assisted the principal to commit the crime
- At the time of the assistance, i contemplated that they would go on to commit the crime
- I deliberately provided assistance being aware that i was capable of assisting the offence
- I intended that my actions would assist the principal to commit the offence
Can an accessory ever withdraw from a joint venture before the principal commits the offence to avoid liability?
Yes but they must CLEARLY WITHDRAW FROM THE COMMON PURPOSE before the offence is committed. Bottling it at the last minute is insufficient.
In relation to automatism, how do you describe the loss of voluntary control?
The question is not whether the accused is acting consciously or not but whether there is a complete destruction of voluntary control.
