CRIMINAL LAW-background

Question 1

what is causation?

Answer 1

see if the defendant really caused the crime.

Question 2

what is actus reus and mens rea?

Answer 2

both things defendant is required to have to result to a crime.

Question 3

what is actus reus?

Answer 3

physical element of a defendants crime

Question 4

what are certain things that a defendant needs to have to be defined as a crime (1)?

Answer 4

needs to be a voluntary act

Question 5

example case of voluntary act?

Answer 5

Hill v Baxter 1958

Question 6

example of involuntary act?

Answer 6

trip/fall,push/ed,sleepwalking,muscular spasms

Question 7

why doesn’t an involuntary act count?

Answer 7

dont count as not in control of body

Question 8

what can d’s guilty act also be?

Answer 8

omission

Question 9

what is an omission?

Answer 9

d has (failure) responsibility to do something

Question 10

how does omission have actus reus if there is a lack of it?

Answer 10

because this occurs where there is a duty to act (failure) and has been recognised in courts in following circumstances.

Question 11

what must an omission result in?

Answer 11

must result in a crime otherwise the d is just not doing their job correctly.

Question 12

what 4 types can you have a duty by in omission?

Answer 12

1. duty by contract
2. duty by close relationship
3. duty by assumption
4. creation of dangerous situation

Question 13

cases for omission?

Answer 13

1. contract= r v pitwood
2. close relationship= r v gibbons & proctor
3. assumption= r v stone &dobinson
4. dangerous sit= r v miller

Question 14

what type of crime can omission be mainly used for?

Answer 14

manslaughter- when d has not done an act but should have,failure= crime

Question 15

what else needs to be considered with causation? (2)

Answer 15

factual causation ‘but-for’ test

Question 16

what is the but-for test and what is the case?

Answer 16

“would the crime of occurred but-for d’s act? if no= factual caus (r v white = no)

Question 17

what is also considered in causation? (3)

Answer 17

legal causation

Question 18

what is legal causation for?

Answer 18

to see if the chain has been broken and if d is responsible for the end result

Question 19

cases of legal causation for reasonable and proportionate (actions of v)?

Answer 19

r v roberts A.B.H - reasonable

r v williams and davies - x reasonable

Question 20

what is the eggshell skull principle?

Answer 20

“take your victim as you find him”

Question 21

cases for legal causation eggshell skulls principle?

Answer 21

r v blaue

Question 22

what also is considered in legal causation -3rd party int(4)

Answer 22

medical intervention & substantial cause (most common 3rd party) can break chain

Question 23

cases for medical intervention?

Answer 23

r v jordan - break in chain
r v smith- no break in chain
r v cheshire - treatment needed as result of d’s act - not broken

Question 24

case for substantial cause?

Answer 24

r v pagett

Question 25

what is mens rea?

Answer 25

mental element of a defendants crime

Question 26

what do all crimes require?

Answer 26

mens rea to prove guilty mind except for strict liability offences

Question 27

what are the two forms of mens rea?

Answer 27

intent & recklessness

Question 28

what are the two types of intent?

Answer 28

direct and indirect

Question 29

what is direct intent?

Answer 29

d brings about the exact result of purpose of act

Question 30

what is indirect (oblique) intent?

Answer 30

more problematic

Question 31

what is the leading case for indirect intent?

Answer 31

r v woolin

Question 32

what did H.O.L say with indirect intent?

Answer 32

intent can be inferred if consequence "virtually certain" result of act d knows that it is a "virtually certain" consequence

Question 33

what is recklessness?

Answer 33

accused has foreseen that particular kind of harm might be done and yet has gone to take the risk of it

Question 34

what is the leading case for recklessness?

Answer 34

r v cunnigham

Question 35

what are principles of mens rea?

Answer 35

transferred malice and contemporaneity

Question 36

what is transferred malice?

Answer 36

mens rea of crime constitutes actuse reus of same crime= guilty even though v may not be one intended

Question 37

cases of transfered malice?

Answer 37

r v pembliton r v latimer r v mitchell r v saunders & archer

Question 38

what is contemporaneity?

Answer 38

d must have ar & mr at the same time

Question 39

cases of contemporaneity?

Answer 39

fagan v mpc | thabo meli v r