- Created by: hope1279
- Created on: 03-06-20 16:34
Red - Cases
Green - Quotes
Blue - Key Term/Offence/Defence
Orange - Definition
Purple - Tests, Rules and Statements
Anything underlined in a definition or rules must be defined when answering a question. All definitions and relevant cases will be below the term.
When writing an essay, these terms are commonly abbreviated.
D - Defendant
V - Victim
AR - Actus Reus
MR - Mens Rea
FC - Factual Cause/Factual Causation
LC - Legal Cause/Legal Causation
COC - Chain of Causation
ABH -Actual Bodily Harm
GBH - Grievous Bodily Harm
Elements of a Crime: pages 2-5
Non-Fatal Offence Against the Person: pages 5-7
Fatal Offences Against the Person: pages 7-12
Property Offences: pages 12-14
General Defences: pages 14-17
Attempts: pages 17-19
Statutory Interpretation: pages 19-21
Judicial Precedent: pages 25-27
Sentencing: pages 27-28
Lay People: pages 29-30
The Judiciary and Judicial Independence: pages 30-31
Access To Justice: pages 31-32
Elements of a Crime
1) Actus Reus (AR)
- Latin for the guilty act.
- Physical part of the crime e.g. the action of hitting someone.
- Usually committed through a positive voluntary act but may also result from an omission.
- E.g. Hill V Baxter (made up case by judge to demonstrate the law).
- Can be committed through an omission.
- Failing to act when the D has a duty to act.
- There are five duties to act.
- 2a) Duty Of Care e.g. R V Gibbons and Proctor. The D’s omission (failing to feed their daughter) became their AR.
- 2b) Public Duty e.g. R V Dytham. The D’s omission (failing to stop a fight as a police officer) became his AR.
- 2c) Duty of Care Voluntarily Accepted e.g. R V Stone and Doblinson. The D’s omission (failing to feed an elderly relative who died as a result) became their AR.
- 2d) Contractual Duty e.g. R V Pittwood. The D’s omission (failing to close the train gate as per his contact and someone dying as a consequence) became his AR.
- 2e) Where D creates a dangerous situation e.g. R V Miller. The D’s omission (starting the fire and failing to put it out or take any action) became his AR.
- It must be proven that the D caused the V’s death or injury, known as causation.
- The D must be the a) factual and b) legal cause to be guilty.
3a) Factual Causation (FC)
- To establish FC we ask the “But for the actions of D would V have been injured or killed?“ test. If the answer is no then the D is the factual cause. In other words, without the action or lack of action from the D, would the V still have suffered? There may be more than one person who is the FC and all must be discussed.
- E.g. R V White - D put cyanide in his mother’s drink but…