Law 2A Introduction to Criminal Liability

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Created on: 11-02-17 19:20

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AS Law Unit 2A Underlying Principles of Criminal Liability
- Mens Rea
  - Mohan
    - Definition of intent
      - Decision to bring about, as far as in D's power, the criminal consequence.
        Intention
  - Woollin
    - Lost temper and threw baby
      - Test for oblique intention
        'Virtual Certainty' (Nedrick) can infer intention
  - Matthews and Alleyne
    - Pushed V off bridge
      - Confirmed virtual certainty test in Woollin
  - Hancock and Shankland
    - Miners block road
      - Oblique Intention
        Confirmed virtual certainty test in Woollin
        
        'Virtual Certainty' (Nedrick) can infer intention
  - Cunningham
    - Broken pre-pay gas meter
      - Defined Subjective Recknlessness
        Subjective Recklessness
  - R v G and Others
    - Confirms principle of subjective recklessness
      - Subjective Recklessness
  - Latimer
    - Hit woman with belt
      - Transferred Malice
        Mitchell
        Queue in post office, elderly lady pushed
        MR transferred to V
  - Pembilton
    - Window was smashed instead of V hit by stone
      - Transferred malice did not apply
        Transferred Malice
        Mitchell
        Queue in post office, elderly lady pushed
        MR transferred to V
- Causation
  - Factual Causation
    - White
      - Poison Mother
        D's action was not factual cause of death
    - Pagett
      - Human Shield
        V would not have died 'but for' D's actions
  - Legal Casusation
    - Smith
      - Soldier Fight / Dropped
        OA is operating & substantial cause
    - Cheshire
      - Tracheotomy
        Medical complications did not break the chain
        OA is operating & substantial cause
    - Jordan
      - Stabbed / Incorrect Injection
        Novus actus interveniens - injection broke the chain of causation
  - Thin Skull Rule
    - Blaue
      - Jehovah's Witness / Blood Transfusion
        Take victim as you find him
  - Victim's Own Act
    - Roberts
      - Car Sexual Assault
        V's act is reasonable so did not break chain
    - Williams
      - Hitchhiker Robbery
        Causes own injuries
        V's act was not reasonable and so breaks the chain
  - Actus Reus
    - Stone and Dobinson
      - Anorexic Sister
        Take on responsibility
        Act can be an omission
    - Dytham
      - Police officer
        Public Position
        Act can be an omission
    - Miller
      - Squatter Fire
        Minimise harm of dangerous situation
    - Pittwood
      - Railway Crossing
        Contractual Duty
    - Winzar
      - D was drunk on highway
    - Hill v Baxter
      - Driver Bees
        Act must be voluntary
    - Larsonneur
      - Illegally in UK
- Contemporaneity Rule
  - Mens Rea
    - Mohan
      - Definition of intent
        Decision to bring about, as far as in D's power, the criminal consequence.
        Intention
    - Woollin
      - Lost temper and threw baby
        Test for oblique intention
    - Matthews and Alleyne
      - Pushed V off bridge
    - Hancock and Shankland
      - Miners block road
        Oblique Intention
    - Cunningham
      - Broken pre-pay gas meter
        Defined Subjective Recknlessness
    - R v G and Others
      - Confirms principle of subjective recklessness
    - Latimer
      - Hit woman with belt
    - Pembilton
      - Window was smashed instead of V hit by stone
        Transferred malice did not apply
  - Actus Reus
    - Stone and Dobinson
      - Anorexic Sister
        Take on responsibility
    - Dytham
      - Police officer
        Public Position
    - Miller
      - Squatter Fire
        Minimise harm of dangerous situation
    - Pittwood
      - Railway Crossing
        Contractual Duty
    - Winzar
      - D was drunk on highway
    - Hill v Baxter
      - Driver Bees
        Act must be voluntary
    - Larsonneur
      - Illegally in UK
  - AR & MR must occur at the same time
    - Fagan
      - Car on policeman's foot
        MR later formed during AR (continuing AR)
    - Thabo Meli
      - Though V was dead so threw off cliff
        MR continued through subsequent acts
        Though V was dead, threw body in river
    - Church
      - Though V was dead, threw body in river
- Strict Liability
  - Callow v Tillstone
    - Butcher / ContaminatedMeat
  - Harrlow LBC v Shah
    - Lottery Ticket / U16
  - Alphacell v Woodward
    - Pollution in river
      - Encourages greater vigilance in business
  - Sweet v Parsley
    - Cannabis on premises
      - Not strict liability - statute did not specifically exclude MR
  - Gammon (Hong Kong) Ltd v Attorney General for Hong Kong
    - Sets out general criteria for crime of SL
  - Smedleys v Breed
    - Caterpillar in tin of peas
      - Guilty event though all reasonable care had been taken
  - Blake
    - accidentally transmitting over airwaves
      - Matter of public safety as interferes with public service transmissions

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Law 2A Introduction to Criminal Liability

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