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general elements of criminal liability Flashcards

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1
Q

what does the term actus reus stand for?

A

guilty act - the physical aspect of a crime

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2
Q

what are the three categories actus reus can be split into?

A

result crimes, conduct crimes and state of affairs crimes

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3
Q

what is a result crime?

A

a crime where a particular result is required

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4
Q

what is a conduct crime?

A

a crime where the act is required yet the outcome doesn’t matter, a result is not needed

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5
Q

what is a state of affairs crime?

A

a crime that consists of being rather than doing, when your in the wrong situation or circumstance

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6
Q

what must the actus reus always be?

A

voluntary

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7
Q

what is an omission?

A

a failure to do something

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8
Q

what law links to omissions?

A

the good samaritan law

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9
Q

what are the five duty of care categories?

A

special relationship, contractual, voluntary, official position, dangerous situations

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10
Q

what is the standard of proof?

A

beyond reasonable doubt, if the jury is sure of the evidence and satisfied with the outcome

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11
Q

what is the burden of proof?

A

the prosecution must prove both the required actus reus and mens rea beyond reasonable doubt

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12
Q

what are the two parts to causation in order?

A

factual and legal causation

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13
Q

what is the test for factual causation?

A

the but for test, if the result would not have occurred but for the defendants actions

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14
Q

what is the test for legal causation?

A

the more than minimal test, the defendant contributed to the result in a more than minimal way they were an ongoing factor in the result

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15
Q

what is the chain of causation?

A

the link between the defendants actions and the result

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16
Q

what are the four ways the chain of causation can be broken?

A

actions of a third party, medical negligence, victims own act, act of god

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17
Q

how do you prove third party intervention?

A

was it unforeseeable and did it make the defendant de minimis

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18
Q

how do you prove medical negligence?

A

was it unforeseeable and was it independant and potent enough to make the defendant de minimis

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19
Q

how do you prove victims own act?

A

was it unreasonable and was it unconnected to the original crime

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20
Q

what does de minimis mean?

A

too trivial, insignificant

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21
Q

what does novus actus interveniens mean?

A

new intervening act

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22
Q

what is the thin skull rule?

A

when the defendant must take the victim as they found them, no matter the susceptibilities or vulnerabilities of them at the time

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23
Q

what does mens rea stand for?

A

guilty mind, the mental element of a crime

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24
Q

what are the two types of mens rea

A

intention or recklessness

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25
what are the two types of intention?
direct and oblique
26
what is direct intention?
a decision to bring about a certain consequence, a particular aim or desire
27
what are the three aspects of oblique intention?
virtual certainty, foresight of consequences, jury find intention
28
what is oblique intention?
when the defendant is virtually certain of his actions yet is prepared to do it anyway
29
what is recklessness?
when the defendant takes an unjustifiable risk and was aware of this when they took it
30
what is a specific intent crime?
when only intention suffices
31
what is a basic intent crime?
when intention or recklessness suffice
32
what is transferred malice?
when the mens rea transfers from the intended victim to the actual victim
33
what must the crime be for it to be considered transferred malice?
the crime must be of a similiar nature to the one intended
34
what is a continuing act?
when the actus reus is an ongoing act and the mens rea happens sometime during
35
what is a strict liability crime?
offences which require no mens rea at all, they deal with issues of social concern
36
what four steps are taken to look at strict liability offences? what are they called?
the gammon tests - the wording of the act, if the crime is truly criminal in nature, if it is concerned with an issue of social concern, if having strict liability will help enforce the law
37
airedale NHS
doctors stopped feeding them - in the patients best interest
38
dytham
police officer ignored fight - duty of care official position
39
gibbins and procter
starved his daughter - duty of care special relationship
40
hill v baxter
overcome with illness as driving - involuntary actus reus
41
larsonneur
deported back to the uk - state of affairs crime
42
miller
fell asleep with cigarette - duty of care dangerous situation
43
mitchell
hit someone who fell into an old woman - transferred malice
44
pittwood
forgot to close railway gate - duty of care contractual
45
stone and dobinson
didnt look after sick relative properly - duty of care voluntary
46
white
poisoned his mother yet she had a heart attack - but for test
47
pagett
put his pregnant girlfriend infront of shooting police - more than minimal
48
benge
misread train timetable took up rails early - third party intervention
49
cheshire
given wrong medical attention, original wounds not life threatening - medical negligence
50
jordan
wrong antibiotics given killing patient - medical negligence
51
dear
aggravated his wound - victims own neglect
52
kimsey
both drove at high speeds - multiple causes
53
malcarek and steel
caused people to go into life support which was switched off - allowed if in patients best interest
54
roberts
believed she would be sexually assaulted jumped out the car - reasonable victims own act
55
blaue
jehovahs witness didnt accept medical attention - thin skull rule
56
mohan
deliberately drove over polices foot - direct intention
57
woollin
attempted to throw baby in the pram - oblique intention
58
matthews v alleyne
threw someone unable to swim in river - jury found intention
59
cunningham
tore gas meter off wall gas effected neighbours - recklessness
60
latimer
swung belt hit the wrong person - transferred malice
61
pembliton
three stone at crowd yet he broke a window - transferred malice not similar nature crimes
62
kaitamaki
rape was ongoing yet not given consent - continuing act
63
church
believed he strangled victim so threw in river which caused drowning - single transaction
64
alphacell v woodward
waste in river due to a storm - strict liability mens rea not needed
65
smedleys v breed
dead caterpillar found in pea tin reasonable steps taken - strict liability no mens rea needed

law (4 decks)

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