AQA, Law02 - Criminal and Tort Revision powerpoint

Majority of my notes on Criminal Law and Tort of negligence in a powerpoint, each page is a small mindmap based on a topic or word to help with revision. Hope this helps with your revision

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  • Created by: charlotte
  • Created on: 15-05-12 18:18
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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?
Transferred Malice
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

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Definition Result Crime
Conduct 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
prohibits. perjury
unlawful act or omission
The AR is usually
committed through
a voluntary act,
taking into account
Actus Reus
the surrounding `Guilty Act'
circumstances
Contemporaneity/Coincidence Rule
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

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Assume
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.
Actus Reus
Omissions
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

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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.
regardless.
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

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Assault Battery
AR ­ The D must cause the AR ­ The D must apply
V to apprehend Immediate Unlawful Physical Force on
Unlawful Physical Violence. another Person.
Offences
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 20
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

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Comments

Mahnoor

This is great - easy way to learn. Thank you for sharing honey and good luck with your exam. 

Hello

FANTASTIC!!!!

Hello

Can you please please please upload your unit 1 notes please!

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