general elements of liability

Question 1

what is an omission?

Answer 1

a failure to act

Question 2

what are the situations where a person has a duty to act?

Answer 2

-duty arising from an official position - R v Dytham
-duty arising from an assumption of care for another - R v Stone and Dobinson
-duty arising from a special relationship - R v Gibbons and Proctor
-Duty arising from a contract of employment - R v Pittwood
-duty to avert a danger of ones own making - R v Miller
-statutory duty to act - s1 Children and young persons act

Question 3

what is a state of affairs offence?

Answer 3

when a defendant commits and offence simply by being, not doing, for instance carrying a knife

Question 4

what is factual causation?

Answer 4

but for the defendants actions, the victim wouldn’t have suffered the consequences

Question 5

where a consequence must be proved, what must the prosecution show?

Answer 5

-the factual causation of that consequence
-the legal cause of that consequence

Question 6

what does novus actus interveniens mean?

Answer 6

a subsequent intervening act breaks the chain of causation

Question 7

what are the 5 rules on consequences?

Answer 7

-De minimis conduct - R v Kimsey
-thin skull rule - R v Blaue
-intervening acts - R v Williams
-medical intervention - R v Cheshire
-operating and substantial cause - R v Smith

Question 8

what are the 3 forms of intent?

Answer 8

-direct intent - R v Mohan
-oblique intent (virtually certain) - R v Woollin
-subjective recklessness - R v Cunningham

Question 9

what is transferred malice?

Answer 9

the mens rea is transferred from the intented victim to the actual victim (doesn’t count if the actus reus changes)(R v Pemblinton, R v Latimer)

Question 10

what are strict liability offences?

Answer 10

no fault, they exist to regulate society
-R v Blake
-Harrow LBC v Shah
-Callow v Tillstone

Question 11

what is the contemporaneity rule?

Answer 11

the actus reus and the mens rea must occur at the same time
-Fagan v MPC
-R v Church