Elements Of A Crime (NIP) Flashcards by Lilyanne Kashani

What does actus Reus mean?

Guilty Act
Conduct part of the crime

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What must D actions be for them to be found guilty?

Voluntary

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When did lord denning say an act would not be voluntary?

An act which is done by the muscles without any control by the mind

Eg reflex action, spasm, seizure, sneezing

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What 3 hypothetical examples of involuntary conduct were given in Hill v Baxter?

All whilst driving and loosing control:
1. Being stung by bees
2. Being hit on the head with a stone
3. Having a heart attack or epileptic fit

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What is an omission?

A failure to act

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What is the general rule for omissions?

You are not legally responsible for a failure to act unless you have a duty to do so.

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Give a case example of contractual duty.

R v Pittwood

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Give an example of relationship duty.

R v Gibbins and Proctor

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Give an example of assuming responsibility voluntarily.

R v Stone and Dobinson

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Give an example of the duty of public office.

R v Dytham

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Give 2 examples of the duty of creating a dangerous situation.

R v Miller
DPP v Santana-Bermudez

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What case relates to the Continuing Act?

Fagan v MPC

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What case relates to the Single Transaction Theory?

R v Thabo- Meli

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What are the 2 types of causation?

Factual
Legal

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What is the test for Factual Causation?

But for - according to R v Pagett

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Explain the But for test

It must be proven that ‘but for’ D’s conduct the consequence to V would not have happened.

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Explain Rv White then apply the but for test.

D poisons mother for inheritance
V has a sip then heart attack
Dies unconnected to poison

But for the defendant poisoning the victim, she would have died anyway.
Therefore the defendant was not the factual cause of the victims death.

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What is the test for legal causation?

The ‘operative and substantial cause’ test meaning the defendant’s actions are a significant cause of the consequence.

Which case made the test for legal causation?

R v Smith

What are the three types of intervening acts?

Acts of a third party
Acts of the victim
Acts of god

What must the intervening acts be to break the chain of causation?

Unreasonable and unforeseeable

And in a medical sense- palpably wrong.

Give an example case for acts of a third party

R v Jordan
R v Smith
R v Pagett

Give an example case of acts of the victim

R v Roberts
R v Williams

Give a case example of acts of god

R v White

Explain the Thin Skull Rule

Any hidden characteristic which makes V more vulnerable will not break the chain of causation.

Give an example of a characteristic covered under the thin skull rule.

Haemophilia Osteoporosis Allergies Psychiatric conditions Religious beliefs

Give a case example for the thin skull rule and explain

R v Blaue D stabbed v who was a Jehovahs Witness V told would die if no blood transfusion Refused blood due to religious beliefs V died

What are the two types of mens rea?

Intention Recklessness

What are the two types of intention?

Direct Oblique

Which case is used to prove direct intention?

R v Mohan Police told car to stop Car accelerates towards police Police move out of way but injured in process

Explain direct intention

When D sets out/ aims/ decides to bring about a consequence.

What is the type of test for direct intention? (S or O)

Subjective What was the defendant thinking?

What would be good evidence that D had direct intention to murder?

Use of a weapon Sustained attack Premeditated Where attack is on body

Which case relates to Oblique intention?

R v Woollin D’s baby crying D lost temper Threw baby towards pram Baby hit head on wall and died

What are the two tests for oblique intention?

1. Objective- was the consequence of D’s conduct a virtual certainty to the reasonable man? 2. Subjective- did D realise it was a virtual certainty?

Which case relates to recklessness?

R v Cunningham D ripped gas meter off to steal money behind Unknown to D this caused gas leak Gas harmed v

What is the test for recklessness?

Subjective- Did the defendant realise the risk and carry on regardless?

What is transferred malice?

When D intends to commit a crime on one person but actually does it to another. The mens rea is transferred from the intended victim to the actual victim meaning D is still guilty.

Which case relates to transferred malice?

R v Latimer D in pub Argument with X Tried to hit X with belt Ends up hitting V as well

When can malice not be transferred?

People to property and vice versa

What do we mean by coincide?

Both the actus reus and mens rea must happen at the same time for a defendant to be convicted.

What do we use when the actus reus and mens rea don’t naturally coincide?

1. Single Transaction theory- extend mens rea to meet actus reus (treated as a single transaction) 2. Continuing Act- extend actus reus to meet mens rea (treated as a continuing act)

Which case relates to the Single Transaction Theory?

R v Thabo- Meli D kidnapped v Took v to cliff Beat him with bat until thought was dead Disposed of ‘body’ over cliff V died due to the elements

Which case relates to the Continuing Act?

Fagan v MPC D accidentally ran over v foot V told him to move off D stayed on foot and refused to move.