Criminal Law Content Summary
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- Created on: 03-04-16 09:32
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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
- Was the defendant's actions the most significant contribution to the outcome?
- 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
- But for the defendant's actions would the consequence have happened anyway?
- 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
- If the victims response was not daft and was reasonable then the chain of causation cannot be broken by their act.
- 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
- The act of a 3rd party will break the chain of causation unless the action was foreseeable.
- Medical Treatment
- If the medical treatment was 'palpably wrong' then it will break the chain of causation.
- R v Jordan
- R v Malcherek & Steel
- If the medical treatment was 'palpably wrong' then it will break the chain of causation.
- Reopening of Wounds
- If the victim re opens their wounds and makes them worse it can break the chain of causation.
- R v Dear
- If the victim re opens their wounds and makes them worse it can break the chain of causation.
- Times at which the defendant's guilt may be placed elsewhere due to 'new intervening acts'.
- Act of the Victim
- Thin Skull Rule
- You must take the victim as you find them.
- R v Blaue
- You must take the victim as you find them.
- Legal
- Causation
- 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.
- Contract (Job) requires person to act.
- Failure to act. 5 exceptions to this rule.
- 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
- The consequence that happened was not the one the defendant intended/was accidental.
- Direct
- The defendant deliberately committed the act, usually with planning/pre meditation.
- R v Mohan
- The defendant deliberately committed the act, usually with planning/pre meditation.
- Oblique
- Recklessness
- When the defendant realizes and knows the risks of their actions but continues to do the act anyway.
- R v Cunningham
- When the defendant realizes and knows the risks of their actions but continues to do the act anyway.
- 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.
- 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.
- Transferred Malice
- When the defendant injures people who weren't their initial victim.
- R v Pembliton
- R v Latimer
- When the defendant injures people who weren't their initial victim.
- 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
- When the Mens Rea is applied to a whole series of events, not just one.
- 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)
- To inflict (with or without a weapon) a wound or GBH.
- MR
- To recklessly inflict a wound or GBH on any person.
- R v Mowatt
- To recklessly inflict a wound or GBH on any person.
- 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
- To intentionally cause GBH or wound (break the continuity of the skin) any person.
- 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)
- An assault or battery that occasions (causes factually and legally) 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.
- AR
- Common Battery
- AR
- To apply unlawful force upon the victim.
- DPP v K
- R v Martin
- To apply unlawful force upon the victim.
- MR
- To intend or recklessly apply unlawful force upon the victim.
- R v Venna
- To intend or recklessly apply unlawful force upon the victim.
- Battery is the physical contact which the defendant has with the victim, whether it be touching their clothes/hair or hitting them.
- AR
- 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
- To intend or recklessly cause the victim to apprehend immediate personal violence.
- AR
- To cause the victim to apprehend immediate personal violence.
- Smith v Chief Constable for Woking
- R v Lamb
- Logdon v DPP
- To cause the victim to apprehend immediate personal violence.
- Section 20 (GBH)
- Actus Reus
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