Criminal Law Content Summary

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  • Criminal Law Content Summary
    • Actus Reus
      • The act for the defendant to be guilty of the crime must have been completed.
      • Defendant must have factually and legally caused the Victim's wounds
        • Causation
          • Legal
            • Was the defendant's actions the most significant contribution to the outcome?
              • If no, the defendant has not legally caused the consequence.
              • If yes, the defendant has legally caused the consequence.
            • R v Cheshire
          • Factual
            • But for the defendant's actions would the consequence have happened anyway?
              • If yes, the defendant has not factually caused the consequence.
              • If no. the defendant has factually caused the consequence.
            • R v White
          • Novus Actus Interveniens
            • Act of the Victim
              • If the victims response was not daft and was reasonable then the chain of causation cannot be broken by their act.
                • R v Roberts
            • Act of a 3rd Party
              • The act of a 3rd party will break the chain of causation unless the action was foreseeable.
                • R v Pagett
            • Medical Treatment
              • If the medical treatment was 'palpably wrong' then it will break the chain of causation.
                • R v Jordan
                • R v Malcherek & Steel
            • Reopening of Wounds
              • If the victim re opens their wounds and makes them worse it can break the chain of causation.
                • R v Dear
            • Times at which the defendant's guilt may be placed elsewhere due to 'new intervening acts'.
          • Thin Skull Rule
            • You must take the victim as you find them.
              • R v Blaue
      • Omissions
        • Failure to act. 5 exceptions to this rule.
          • Contract (Job) requires person to act.
            • R v Pittwood
          • Person voluntarily takes on a duty.
            • R v Stone & Dobinson
          • Person's public position requires them to act.
            • R v Dytham
          • Person fails to minimize the consequences of his act.
            • R v Miller
          • An Act of Parliament requires you to act.
            • Young Person's Act 1933 - failure to look after children.
      • Familial Homicide
        • If the parent of a child does not stop their partner or another adult abusing their child then they can still be held responsible for the offence.
    • Mens Rea
      • The 'guilty mindset' that the defendant must have had at the time they committed the crime.
      • Intention
        • Oblique
          • The consequence that happened was not the one the defendant intended/was accidental.
            • R v Nedrick
        • Direct
          • The defendant deliberately committed the act, usually with planning/pre meditation.
            • R v Mohan
      • Recklessness
        • When the defendant realizes and knows the risks of their actions but continues to do the act anyway.
          • R v Cunningham
      • Strict Liability
        • When some offences do not require the prosecution to prove that the defendants had Mens Rea at the time of the crime, just Actus Reus.
          • Callow v Tillstone
          • Gammon v Attorney General for Hong Kong
          • Sweet v Parsley
          • Alphacell v Woodward
        • Reasons for Strict Liability Offences
          • They act as a deterrence because people would be put off of committing the offences if they knew they could be fined or imprisoned for just doing it.
          • To protect society by promoting greater cares over matters of public safety.
          • It saves the courts time and money because guilt is determined purely on whether the act was committed or not, not the guilty mind behind it.
      • Transferred Malice
        • When the defendant injures people who weren't their initial victim.
          • R v Pembliton
          • R v Latimer
      • Rule of Contemporaniety
        • When the Mens Rea is applied to a whole series of events, not just one.
          • Fagan v MPC
          • R v Thabo Meli
    • Non Fatal Offences (OAPA 1861)
      • Section 20 (GBH)
        • Grievous Bodily Harm is 'serious harm' where the defendant has maliciously wounded (broken the continuity of the skin) the victim or caused GBH (disabilities, internal injuries)
        • AR
          • To inflict (with or without a weapon) a wound or GBH.
            • R v Eisenhower (A wound is breaking the continuity of the skin.)
            • R v Bollom (a series of injuries can amount to GBH depending upon the victims's age.)
            • R v Dica (Biological GBH)
            • R v Constanza (Severe Psychiatric Injury)
        • MR
          • To recklessly inflict a wound or GBH on any person.
            • R v Mowatt
      • Section 18 (GBH With Intent)
        • Grievous Bodily Harm with Intention is when the defendant has the direct intention to inflict with or without a weapon, GBH of any kind or wound them.
        • AR
          • To inflict a wound (with or without a wepon) or GBH on any person. (Same as S20)
        • MR
          • To intentionally cause GBH or wound (break the continuity of the skin) any person.
            • R v Belfon
      • Section 47 (ABH)
        • AR
          • An assault or battery that  occasions (causes factually and legally) ABH.
            • R v Miller
            • R v Chan Fook (Psychiatric Injury is ABH)
        • MR
          • Only the MR for an assault or batter is needed to have the MR of ABH.
          • R v Savage
        • Actual Bodily Harm is where the defendant's actions have left some form of physical wound, whether that be a scratch, minor cut or bruise, even minor fractures.
      • Common Battery
        • AR
          • To apply unlawful force upon the victim.
            • DPP v K
            • R v Martin
        • MR
          • To intend or recklessly apply unlawful force upon the victim.
            • R v Venna
        • Battery is the physical contact which the defendant has with the victim, whether it be touching their clothes/hair or hitting them.
      • Common Assault
        • An act that causes the victim to apprehend immediate personal violence.
        • MR
          • To intend or recklessly cause the victim to apprehend immediate personal violence.
            • R v Venna
        • AR
          • To cause the victim to apprehend immediate personal violence.
            • Smith v Chief Constable for Woking
            • R v Lamb
            • Logdon v DPP

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