Slides in this set
Recklessness Direct Intention
Lower level of Mens Rea. Where your
R v G and Another aim/purpose/objective
·Clarified law of is the desired outcome.
recklessness You want the
·Recklessness now consequence of your
always subjective. action to happen.
Is the Defendant aware
Mens Rea R v Mohan.
that there is a risk? `Guilty Mind'
Do they go on to taste
that risk regardless?
The Mens Rea for the
Oblique Intention act against the intended
When you recognise that a consequence is victim, is transferred
virtually certain to occur, even though that onto the accidental
wasn't what you were aiming for. victim.
Clarified in the case of R v Woolin. R v Latimer.…read more
Definition Result Crime
requires the D's conduct
The conduct or state where the conduct
to result in something
of affairs which a (behaviour) of the D is the
that is prohibited. e.g.
particular offence AR e.g. lying under oath in
murder is the result of D's
unlawful act or omission
The AR is usually
a voluntary act,
taking into account
the surrounding `Guilty Act'
Involuntary acts Need for the Actus Reus and Mens Rea to coincide
You are only ever punishable Importance so someone cannot be guilty of a crime if he
performs an act that causes a previously desired result.
in law if the act you
Fagan v MPC the Defendant accidentally parked his car on
committed was voluntary! a police officers foot (AR). The policemen asked him to
Burgess was sleepwalking move his car, but the Defendant told him he could wait
and attacked his friend with a (MR).
glass bottle the act was Although the AR and MR didn't literally coincide, the courts
involuntary. held that they did by considering the AR a continuing act.…read more
Some crimes can be
Responsibility committed through an Contractual Duty
R v Stone & Dobinson - R v Pittwood - failed to
took care of stones sister who omission if there is a legal
close the gate at railway line,
had anorexia. Her condition duty to act. as he was contracted to do
deteriorated and she died as which caused the death of
she had no special care. They another.
had taken her into their home
and so assumed a duty of
care for her.
Create a Dangerous
Special Relationship Situation
R v Gibbins & Proctor - A R v Miller A drunken Act of Parliament.
father and his lover neglected vagrant accidentally set fire to Road Traffic Act 1988
his child. Both had a duty to a mattress, rather than put it A driver has a legal duty to
care for the child as they had out, he moved to another
moved in together, so had an stop after and accident.
room, the fire cause extensive
obligation to care for her. damage. Miller was convicted
of arson as he failed to act…read more
Factual causation Legal Causation
The accused must be more than a minimal cause
Establishing the facts and
and must have contributed significantly. The chain
sequence of events that
of causation can be broken by an intervening act
led to the end result.
that is sufficiently independent that the accused is
no longer responsible.
`But For' rule would it
must be proved that the Medical Negligence
Negligence must be palpably
consequence would not Causation wrong and so independent of
have resulted `but for' the
accused's conduct. the D's actions that the criminal
act becomes insignificant.
R v Cheshire medical
R v White (1910) Victims own conduct negligence fell within the
White attempted to Did the victim act out of ordinary band of incompetence
poison his mother, but proportion to the threat. R v Jordan The Treatment was
she died from a heart R v Roberts acted in palpably wrong so causation
attack. Therefore white proportion to the threat. couldn't be established.
was not the cause as she R v Williams did not act in
would have died proportion to the threat.
Act of 3rd party
Act in an unreasonable and unforeseeable way.
R v Paget the police's action of shooting was
reasonably foreseeable and they acted in proportion
to the threat.…read more
AR The D must cause the AR The D must apply
V to apprehend Immediate Unlawful Physical Force on
Unlawful Physical Violence. another Person.
R v Ireland silent phone Collins v Wilcock - touching
calls Against the MR I or R as to the
MR I or R as to the V's persons Act application of Unlawful
fear of Immediate Unlawful 1861 Physical Force.
Physical Violence. Defined in R v Venna
R v Savage
Section 18 AR D must maliciously
AR D must maliciously and and unlawfully inflict a
unlawfully cause a wound or wound or GBH on another
GBH on another person. person. Section 47
JCC v Eisenhower wound = JCC v Eisenhower wound AR The D must carry out
breaking of both layers of = breaking of both layers of and Assault or Battery which
skin skin causes ABH to another
DPP v Smith GBH = very DPP v Smith GBH = very person.
serious harm serious harm ABH defined in R v Miller
MR Intention to wound or MR I or R as to some MR I or R as to the Assault
do some GBH. harm. or Battery.
Established in R v Parmenter R v Mohan direct Defined in R v Roberts
R v Woolin - oblique…read more