Actus reus, mens rea and strict liability Flashcards
(20 cards)
The actus reus of an offence must be v______ (M______)
Voluntary, (Mitchell)
Which duty situation does the case of Pittwood demonstrate?
Contractual duty
Which case(s) demonstrate the duty of ‘creation of a dangerous situation and failure to minimise harmful consequences?
Miller, Santa-Bermudez
What happened in Gibbins & Proctor and what duty situation did this fall under?
They deliberately stopped feeding their child - special relationships
What is a ‘state of affairs’ crime?
Where there is an involuntary act and there is no mens rea present
What happened in Larsonneur?
French woman was deported against her will from Ireland to England and charged with ‘being an illegal alien’
How is specific intention described in Mohan?
‘A decision to bring about the prohibited consequence’
Oblique intention: where D i______ the act but not the c________; evidence from which s____ i_____ can be i_____
Intends, consequences, specific intention, inferred
What happened in the case of Matthews & Alleyne?
The two Ds threw V into a river, knowing he could not swim, who then drowned
What does Matthews & Alleyne tell us about the jury’s role in inferring oblique intention
A jury may infer specific intention - they are not required to
Which case shows that the ‘thin-skull’ rule is not an intervening act?
Ruby
What does Malcherek tell us about the switching off of life support?
It does not break the chain of causation if the brain stem is dead
What rule do we get from Roberts and Williams & Davis about escape cases?
Escape does not break the chain unless it is ‘so daft as to be unforeseeable’
In which case(s) does the refusal of medical treatment not break the chain of causation?
Blaue, Holland
What happened in Pagett? And why does this not break the chain?
D used his girlfriend as a shield against gunfire from the police - her death was a natural consequence of D’s actions
When will poor medical treatment break the chain?
It must be ‘palpably wrong’ (Jordan) or ‘so extraordinary’ (Cheshire) as to be unforeseeable
The continuing act principle: where the a____ r___ is continuing and at some point the m___ r__ is formed (F___)
Actus reus, mens rea, (Fagan)
Strict liability does not require p___ of fault with respect to some or all of the a___ r___ (L____ & G__ N__ Ltd.)
Proof, actus reus, (Lemon & Gay News Ltd.)
What is disregarded in strict liability offences?
Intention/mens rea
What happened in Callow v Tillstone?
D was liable for selling unfit meat even though it had been checked over by a vet
