General elements of criminal liability Flashcards
What is obiter dicta?
‘Other things said’
What does R v Larsonneur relate to ?
The act cannot be as a consequence of an involuntary action such as a fit or reflex action
What is a case example of obiter dicta in Hill v Baxter?
Driving dangerously as not being liable for a subsequent accident as his actions would be involuntary
What is state of affairs?
A defendant can commit an offence by simply ‘being’ rather than ‘doing’ these are known as state of affairs offences
What is omissions?
An omission means a failure to act
What is causation?
Where a consequence must be proved, the prosecution has to show that the defendants conduct was:
- The factual cause of that consequence and
- The legal cause of that consequence
What is breaking the chain of causation?
When a subsequent intervening act breaks the chain of causation
What are the different types of intention for mens rea?
Direct intent
Oblique intent
Subjective recklessness
What are strict liability offences?
Offences that require no fault for some or all of the actus reus
What is a good case example of strict liability offences?
R v Blake - D operated a pirate radio station without a license, these are used by emergency services and so any unautharised use must be prevented
How do you establish whether an offence is a strict liability offence
In the case of Gammon the judges stated that when determining whether an offence is one of strict liability there is a presumption that mens rea is required.
How do you rebuttal the presumption that mens rea is required for a strict liability offence?
- The crime is regulatory opposed to a true crime or
- The crime is one of social concern or
- The working of the act indicates strict liability or
- The offence carries heavy penalty
What is transferred malice?
Where mens rea can be transferred from the intended victim to the actual victim
