Pages in this set

Page 1

Preview of page 1
Criminal Offences
There are two types of criminal offences:
1) Conduct Crimes ­ there doesn't HAVE to be a bad result
(dangerous driving). There needs not be harm or
consequence shown
2) Result Crimes ­ there needs to be proof of a prohibited
consequence (murder, rape)

Criminal law: the law…

Page 2

Preview of page 2
Due to statute: failure to pay tax/ display tax disc
­ Santana Bermudez ­ Finger prick
Causation:
The prosecution must prove:
D's conduct was a factual cause of the consquesence
D's conduct was `in law' the cause of the consequence
There was no intervening act to break the chain of…

Page 3

Preview of page 3
Smith ­ soldier was stabbed by another soldier, he was
dropped on way to medical center, original attacker
was found liable
Cheshire ­ Dft shot V in the stomach, he was given a tube to help
him
breathe (tracheotomy), V died from complications
from
the tracheotomy. By the time he…

Page 4

Preview of page 4
2 Stage test:
1) was the consequence of virtual certainty?
2) Did the dft resalise this?
If YES is the answer to both? There can be intention.

This rule was applied in the case of Matthews v Alleyne ­
pushed V off a bridge into the river. V couldn't swim.…

Page 5

Preview of page 5
EG: terrorism ­ intending to kill anyone
Dfts mens rea is held to apply to the actual victim

Contemporeignity rule
Contemporeignity rule is also known as a co-incidence.
The actus reus and mens rea must be present at the same time.

Fagan and MPC ­ man parked on a policemans…

Page 6

Preview of page 6
with as matter of concern.

Blake ­ Investigation officers heard an
unlicensed radio station broadcast
and traced it to a flat. Dft was found
using the equipment ­ admitted to
using the equipment but unaware he
was transmitting. Court said that
pirate radio could interefere with
public transmissions and a…

Page 7

Preview of page 7
Necessary to protect public by providing high standards of
care
Acts a deterrent
Improved road safety due to sanctions
Little threat to individual liberty
Saves money

Arguments AGAINST strict liability
Makes people who are not blameworthy guilty (Shah)

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »