Criminal Law

These cards are revision for criminal law. :).

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  • Created by: bethanyy
  • Created on: 04-12-08 20:25

Mens Rea.

*'The Guilty Mind'.
*State of mind of D when he carried out Actus Reus

*Direct Intention- D's purpose is that the Actus Reus is fulfilled. D decides to bring about the prohibited act no matter whether he desired that consequence or not. MOHAN.

*Oblique Intention- D does not intend the final consequence. However, if the harm to V is the result of D's action and this is a virtual certainty and the D realised this, the jury can use this as evidence of intention. WOLLIN.

*Recklessness- also known as Cunningham recklessness after the case of the same name is the conscious taking of a risk. The D has forseen that the harm might be done and goes on to take the risk of it happening. It is subjective because it considers what D is thinking at the time.

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Actus Reus

*Prohibited Action, Physical element of the crime.
*Take the form of a failure to act. (omission).
*Normal rule-Omission cannot make a person guilty. There are some exceptions;

*An Act of Paliament, e.g, failing to report road traffic accident, or provide specimen of breath.

*Common law crimes- an omission is only suffcient for the Actus Reus where there is a duty to act;
Contractual Duty-Pittwood.
A duty because of a relationship-Gibbins and Proctor.
A duty which is voluntarily taken-Stone and Dobinson.
A duty through one's offcial position-Dytham.
A duty which arises because the D has set in motion a chain of events-Miller.

*Act or omission muct be voluntary on the part of D. No control-not committed the actus reus. HILL VS BAXTER.

*State of Affair cases-were D does not act voluntarily but still convicted.

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