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Criminal Law > Core Principals > Flashcards

Core Principals Flashcards

1
Q

What three elements must there be for criminal liability to attach?

A
  • actus reus
  • mens rea
  • absence of a valid defence
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2
Q

What is the actus reus?

A

The acts of the defendant that are prohibited by law

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3
Q

What actus reus is required for conduct offences?

A

The offences will require certain acts to have been committed by the defendant

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4
Q

What actus reus is required for result offences?

A

Act of defendant must lead to a specified consequence

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5
Q

What actus reus is required for surrounding circumstances?

A

The actus reus will include the need for some particular circumstances

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6
Q

What actus reus is required for omission offences?

A

Rather than an act, defendant must have failed to take or do a certain action

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7
Q

Causation is relevant for proving what part of the offence?

A

The actus reus

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8
Q

What is factual causation?

A

Jury must be satisfied that the acts or omissions of the accused were in fact the cause of the relevant circumstances

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9
Q

What is legal causation?

A

Must be established that the acts or omissions of the accused were a legal cause of that consequence

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10
Q

What is the test for factual causation?

A

‘But for’ the acts or omissions of the accused, would the relevant consequence occurred in the way it did?

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11
Q

What is necessary for legal causation to be satisfied?

A

Defendant’s act is the operating and substantial cause of the prohibited consequence

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12
Q

For legal causation, what guidance is there for determining where the defendant’s act is the operating and substantial cause of the prohibited consequence?

A
  • substantial means more than de minimis/minimal
  • consequence must be caused by the defendant’s culpable act
  • defendant’s act need not be the only cause of the prohibited consequence
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13
Q

What is a novus actus interveniens?

A

Subsequent event or act of either the victim or a third party which renders the defendant’s part in the consequence very small, breaking the chain of causation and meaning that the defendant is not criminally liable

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14
Q

When will medical negligence be deemed to be a novus actus interveniens?

A

Very rarely

When it is so severe, so independent of D’s acts, and so potent in causing death, that D’s act are insignificant

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15
Q

What three categories of acts of third parties may be deemed to be a novus actus interveniens?

A
  • fright and flight cases
  • refusing medical treatment
  • suicide
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16
Q

When will ‘fright and flight’ by victims be deemed to be a novus actus interveniens?

A

Question whether act by victim was reasonably foreseeable in the circumstances?

If not, then will break chain of causation.

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17
Q

When will an act of a victim not be reasonably foreseeable so break the chain of causation?

A

Where it is so daft that no reasonable person could have foreseen it

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18
Q

When will refusal of medical treatment by victims be deemed to be a novus actus interveniens?

A

Very very rarely

Defendant’s must take their victims as they find them, body and soul.

Refusal of medical treatment even if severely detrimental will not break the chain of causation

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19
Q

When will suicide by victims not be deemed to be a novus actus interveniens?

A
  • when they nonetheless die from the original wound
  • the act was reasonably foreseeable
  • D’s unlawful act was a significant and operating cause of death and at the time of the attach it was reasonably foreseeable that the victim would die by suicide as a result of injuries
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20
Q

When will suicide by victims be deemed to be a novus actus interveniens?

A
  • the injuries inflicted by D have healed, but the victim goes on to die by suicide
  • it was a voluntary and informed decision of the victim to act
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21
Q

Will someone independently taking drugs and then subsequently overdosing break chain of causation for murder/homicide offences?

A

Yes

22
Q

What is the thin skull rule?

A

Defendant must take the victim as they find them.

Person who inflicts harm on another cannot escape liability if the victim, owing to some-pre-existing infirmity or peculiarity, suffers greater harm than would otherwise be expected as a result of what the accused has done

23
Q

When will natural events break the chain of causation?

A

When they are so extraordinary and not reasonably foreseeable

24
Q

What is the general rule in relation to omissions and criminal liability?

A

Defendant cannot be criminally liable for failure to act, as there is no general duty to prevent harm

25
Q

What must the prosecution prove to secure conviction for an omission?

A
  • the crime is one which is capable of being committed by an omission.
  • the accused was under a legal duty to act
  • the accused breached that legal duty
  • the breach caused the actus reus of the offence to occur
  • should the offence so require, that the accused had the required mens rea
26
Q

Where might there be a duty on the defendant to act?

A
  • statutory duty imposed
  • special relationship with victim
  • voluntary assumption of duty for victim
  • contractual duty
  • creating a dangerous situation
  • public office
27
Q

What special relationships will impose duty to act and are therefore of relevance for criminal liability in relation to omissions?

A
  • doctors and patients
  • parents and their children
  • spouses
28
Q

When will someone be criminally liable for an omission when through voluntary assumption?

A

Person must voluntary assume a duty towards that person, and the law will hold them liable if they fail to carry out the duty

29
Q

When will someone be criminally liable for an omission through a contractual duty?

A

Where they breach a contractual duty to the other party or third party

30
Q

When will someone be criminally liable for an omission when they create a dangerous situation?

A

When they create dangerous situation, under positive duty to take reasonable steps to counteract dangerous situation.

Steps need only be reasonably such summoning help, minimising harm to others etc

31
Q

When will someone be criminally liable for an omission through holding public office?

A

Where they hold a public office and have duty to public but fail to act

Eg police officer failing to prevent harm that they can see and know about

32
Q

What is mens rea?

A

Mens rea means guilty mind - defendant must have required mental element for the crime

33
Q

What is direct intention?

A

Direct intention is the aim or purpose of the defendant’s act

Subjective test

34
Q

What is oblique intention?

A

Where defendant does something manifestly dangerous and someone dies or is seriously injured but that was not the primary aim of the defendant

35
Q

When are juries entitled to find oblique intention?

A

Where they feel sure that:

  • death or serious injury was a virtual certainty as a result of the defendant’s action (objective element)
  • the defendant appreciated that (subjective element)
36
Q

What is recklessness?

A

When some takes an unjustifiable risk, aware if the danger that the prohibited harm may occur on taking that risk

37
Q

When will a risk be justifiable ie not reckless?

A

Where there is social utility or value to the particular activity more likely to be justifiable.

Must be weighed against likelihood and amount of harm that may happen

38
Q

How is the unreasonable requirement for recklessness to be assessed?

A

Objective test considering the unreasonableness.

The risk in question though is the risk as seen by the defendant (subjective element)

39
Q

What is the effect of the word maliciously in relation to the mens rea for a crime?

A

Means actus rea can either be committed with mens rea of intention or recklessness

40
Q

What is gross negligence in criminal law?

A

Where defendant has shown such disregard for life and safety of others that it amounts to a crime against the state and conduct deserving punishment

41
Q

What is the interaction between motive and intention?

A

Motive or desire is different from intention.

Motive/desire can be used as evidence for intention

42
Q

What is the requirement for coincidence of actus reus and mens rea?

A

Defendant must have the relevant mens rea for the offence at the precise moment when D commits the actus reus.

43
Q

How can the continuing act theory avoid the need for coincidence of actus reus and mens rea?

A

It is okay as long as D forms the mens rea for the offence at some point during the actus reus continuing

44
Q

How can the one transaction principle avoid the need for coincidence of actus reus and mens rea?

A

Courts will view D’s criminal acts as one series of acts in one transaction.

Enough that D had the mens rea at some point during that transaction.

Can be used where there has been no premeditation

45
Q

What can be done if it isn’t clear which of D’s acts was the actual act that caused the crime (ie killed a person for murder) in terms of requirement for mens rea?

A

D must have the mens rea for the relevant crime when D does each of the acts which could constitute the actus reus

46
Q

What is transferred malice?

A

Is when D’s mens rea is transferred from the intended harm to the actual harm

47
Q

What limitations are there on the doctrine of transferred malice?

A
  • can only operate where the intended harm and the actual harm caused had the same mens rea
  • so will not assist where the defendant has the mens rea for one crime and the actus reus for another
48
Q

Is ignorance of the law any excuse for criminal liability?

A

No - ignorance of the law is no excuse

49
Q

Will a mistake operate to negate mens rea?

A

Yes sometimes will prevent D from having mens rea.

50
Q

What must a mistake be to negate mens rea in case of mens rea requirement for negligence?

A

Mistake must be reasonable

51
Q

Must a mistake be reasonable if mens rea requirement is intention or recklessness?

A

No

Criminal Law (21 decks)

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