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Flashcards in General Principles Deck (21)
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1
Q

Features of actus reus

A
  • Conduct
  • Circumstances
  • Consequences
2
Q

Principle types of mens Rea

A
  • Intention
  • Reckless
  • Negligence
3
Q

Duty to act

A
  • Statutory duty
  • Special relationship - Gibbons and Proctor
  • Public Office - Dytham
  • Voluntary assumption of responsibility - Stone and Dobson
  • Creation of a dangerous situation - Miller
  • Contractual duty - Pittwood
4
Q

Requirements for actus reus and mens rea to coincide

A
  • Both must be present at the same time for a crime to be committed.
  • Concept of a continuing act
  • Mens rea does not have to be present throughout it can be at the beginning (Fagan v MPC)
5
Q

Transferred Malice

A

Intended to commit a similar crime against a different victim
Latimer 1886

6
Q

Mens rea

A

State of mind

7
Q

Oblique intention

A

Result is not D’s aim or purpose but it is virtually certain to occur if D succeeds in achieving his aim/purpose.
D foresees that the eventual result is virtually certain
Nedrick
Woollin

8
Q

Direct intention

A

Result is D’s aim/purpose

9
Q

Objective recklessness

A

D takes an unjustifiable risk that is obvious to a reasonable person

10
Q

Subjective recklessness

A

D takes a risk which he himself realises is unjustifiable

11
Q

Recklessness

A

Basic intent offence
Now only one type of recklessness
R v G

12
Q

Need to establish in order to prove …

A
  • Factual and legal causation
  • Factual - ‘but for’ test (White)
  • Legal - operating and substantial cause (Blaue)
  • D’s actions need to be sole cause (Pagett)
13
Q

Intervening Acts

A
  • Victim interventions
  • Natural disasters
  • 3rd party interventions
  • Medical Interventions
14
Q

Possible breaks in chain of causation

A
  • Refusal of treatment/aggravation of injuries (Blaue)
  • ‘Thin skull’ rule (Dhaliwal)
  • Injuries resulted from an attempted escape (Roberts)
  • Negligent/poor or inappropriate medical treatment (Jordan) - does not normally break the chain of causation
15
Q

Nature of criminal law

A

Punishes conduct which is considered to be contrary to the interest of society

16
Q

Strict liability offences justifiable

A
  • Comply with regulatory regulations
  • Little stigma attached
  • Proving fault will sometimes be almost impossible
  • Save court time and public money
17
Q

Factual causation

A

Necessary to establish causation
Determined by the ‘but for’ test.
But for the actions of the defendant, would the outcome be the same
White

18
Q

Legal causation

A

Essential in finding liability for result crimes
Defined as ‘operating and substantial cause’ (Smith)
Includes the thin skill rule (Pagett)
- must be more than minimal
- need not be sole cause
- significant contribution
- reasonably foreseeable

19
Q

Requirements for criminal liability

A
  • actus reus
  • mens rea
  • no lawful defence
20
Q

Strict liability

A

Exception to the general rule requiring mens rea in relation to all aspects of the actus reus

21
Q

Strict liability examples

A
  • preparation and sale of alcohol, food and pharmaceutical products
  • road traffic offences
  • pollution
  • health and safety at work
  • construction and trade descriptions