Elements of a crime

Question 1

The definition of murder

Answer 1

The unlawful killing of another human being with the intent to kill or cause GBH

Question 2

Omission

Answer 2

where you have failed to act. the law gives a person a legal duty to act, but they fail to do so.

Question 3

Examples of omissions

Answer 3

Contractual duty
Special relations
Voluntary assumption of duty
creating a dangerous situation
statutory duty to act

Question 4

Omission cases

Answer 4

Pitwood
Gibbons/Proctor
Miller
R.T.A 1988

Question 5

Causation

Answer 5

A way of establishing who committed the act that caused the V’s death
Factual or Legal

Question 6

Factual Causation

Answer 6

The ‘But For’ test-
But for the defendants actions, would the result have happened anyway?
WHITE

Question 7

Legal Causation

Answer 7

How much of a contribution the D has made

‘More than a slight or trifling link, but does not have to be the sole cause’
KIMSLEY

Question 8

The 6 Intervening Acts

Answer 8

Thin Skull Rule
Bad medical Treatment
Refusing Medical Treatment
Life Support
Acts of a 3rd party
Escape attempts

Question 9

Intervening Act Cases
(Alphabetical Order)

Answer 9

Blaue
Cheshire
Holland
Malcherik and Steel
Padgett
Roberts

Question 10

Mens Rea needed to be proved

Answer 10

Intention
or
Recklessness

Question 11

Intention- Direct

Answer 11

MOHAN
It was the D’s aim purpose and desire to bring about the result

Question 12

Intention- Indirect
(Oblique)

Answer 12

Establishes the Virtually Certainty Test
WOOLIN

Question 13

Virtually Certainty Test Stages

Answer 13

1) was death or injury virtually certain? (objective)
2) Did the D realise this? (subjective)

Question 14

Recklessness Definition
(Subjective)

Answer 14

when the D sees an unjustified risk but takes the risk anyway.

You must prove the D was aware of the risk of harm but carried or regardless and took the risk.

Question 15

Types of Recklessness

Answer 15

Subjective- Aware but takes the risk
(CUNNINGHAM)

Objective- Unaware to the D bus is obvious to any Sober and Reasonable person
(CALDWELL)

Question 16

Transferred Malice Definition

Answer 16

When the malice is transferred from the intended V to the actual V
LATIMER

Question 17

Transferred Malice Rule

Answer 17

Malice can only be transferred between similar crimes, between person to person, or object to object

Question 18

Coincidence rule

Answer 18

The MR and the AR are a continuing act and as long as they occur ‘at some point’ the crime will be complete
(CHURCH)

Question 19

Strict Liability

Answer 19

Crimes that only need the AR
The D will be guilty of the crime wether they had the intention or not

Question 20

How do judges decide if the crime is a Strict Liability crime

Answer 20

Gammon Guidelines

Question 21

It is a Strict Liability crime

Answer 21

offence covers social issues/concerns
E.g Gambling/ Drinking

Regulatory
E.g Pollution / Food production

Question 22

Is not a Strict Liability crime

Answer 22

MR words used
E.g Intention / Recklessness

Truly Criminal
E.g Murder / Rape

Penalty of Prison

Question 23

Reasons why Strict Liability is good

Answer 23

-Protects public
-Easier to prosecute- save court time
-

Question 24

Reasons why Strict Liability is bad

Answer 24

-Unfair on the Defendant
-No evidence it raises standard of businesses
-Could ruin the D’s reputation