general elements of criminal liability

Question 1

AR def

Answer 1

• conduct element that normally involves a positive, voluntary action
• can be from an omission or state of affairs

Question 2

conduct crimes

Answer 2

• what D does
• drink driving

Question 3

consequence crimes

Answer 3

• Ar must cause onsequence (Marchant v Muntz)

Question 4

state of affairs crimes

Answer 4

being there in prohibited circumstances (Larsonneur)

Question 5

6 duties

Answer 5

• statutory duties
• contractual (pittwood)
• official position (Dytham)
• special relationship (Gibbins & proctor)
• duty undertaken voluntary
  (stone & Dobinson)
• creating a dangerous situation (Miller)

Question 6

examples of statutory duties

Answer 6

• failing to wear a seatbelt ot give breath specimen - Road Traffic Act 1988
• Failing to muzzle a dangerous dog in public - Dangerous Dogs Act 1991
• Neglecting a child (Domestic violence, Crime and Victims Act 2004)

Question 7

exception to omissions

Answer 7

if doctor decides to stop treating a patient + it is in best interest of patient it is not an omission (Airedale NHS trust v Bland)

Question 8

3 parts of causation

Answer 8

• Factual cause
• legal cause
• no intervening act

Question 9

factual causation

Answer 9

• unlawful consequence not happen ‘but for D’s actions)
  (white - no) (pagett - Yes)

Question 10

legal causation

Answer 10

• more than minimal cause not necessarily only (kimsey)
• (Benge - substantial cause)

Question 11

thin skull rule ( part of legal causation)

Answer 11

• special characteristic or vulnerability maked D more liable for the more serious injury
• D must take v as they find him
• Blaue

Question 12

intervening acts

examples

Answer 12

• unforeseen act of nature
• unforeseeable act of 3rd party
• v’s own conduct (forseeable? Roberts - yes, williams - no)

Question 13

medial treatment aand chain of causation

Answer 13

• unlikely to break
• D was a ‘operating and substantial cause of v’s death (smith)
• cheshire - D’s actions had ‘significantly’ contributed to the death
• breaks chain if exceptionally bad - Jordan ‘palpably wrong’ and overwhelming cause
• life support of not break chain causation (Malcharek)

Question 14

mens rea

Answer 14

• mental element

Question 15

intent

Answer 15

• subjective
• direct - main aim (Mohan)
• indirect - virtual certain and D appreciated it was (Woolin)

Question 15

recklessness

Answer 15

• sujectictive
• D has to be aware of risk (cunningham/RvG)
• goes ahead anywaay

Question 16

negligence

Answer 16

• fall below standard of reasonable person
• objective
• adomako

Question 17

strict liability

Answer 17

• no fault offences
• prohibited consequence
• guilty even if taken reasonable precautions (Callow v Tillstone)
• no defence of due dillegence or honest mistake (cundy v le Cocq/Harrow v Shah)

Question 18

transferred malice

Answer 18

• when D intended to commit a crime agains a but commits same offence against B (Latimer + Gnango)
• Canno be transfered if cime is different (Pembliton)

Question 19

coinciding of Ar + MR

Answer 19

• both AR and MR must coincide

Question 20

continuing act

Answer 20

• initial Ar
• D forms MR while Ar is going on
• said to coincide
• Fagan

Question 21

series of connected acts

Answer 21

• MR then D forms a series of vvents which connect together from the Ar
• said to coincide
  (thabo Meli)