Criminal notes

Actus reus – 

Omissions =

·     Statutory duty created by act parliament e.g. failure stop accident under Road Traffic Act 1988. 

·     Contractual duty Pittwood, level crossing guard failed shut gates killed. 

·     Duty because of relationship, Gibbins and Proctor,starved child death father duty as a parent. 

·     Duty undertaken voluntarily, Stone and Dobinson,sister moved in died anorexia, guilty manslaughter assumed duty care when moved in. 

·     Duty through one’s official position, Dytham,police officer watched man beaten, did nothing did not report it. 

·     Set in motion chain events, Miller,set fire mattress squat + did nothing, guilty arson. 

·     Duty of doctors, Bland,Hillsborough victim, persistent vegetative state doctors allowed to stop treatment if in patient’s best interest.  

Causation =

·     Factual cause, ‘but for’ test, White,tried poison mum cyanide died heart attack not guilty murder but for actions would die anyway. 

·     Legal cause, more than minimal cause, Kimsey,held needed slight or trifling link. ‘Thin skull rule’ take your victim as you find them. Blaue,stabbed women Jehovah’s witness refused blood transfusion, died would probably survived surgery, guilty manslaughter. 

·     Intervening act, Smith, stabbed victim, wait treatment, doctors missed punctured lung missed, D still guilty original wound still ‘operating’. Jordan,stabbed victim given antibiotics which allergic to died not guilty medical treatment intervening act. Malcharek, switching off life support machine does not break chain causation. 

Mens rea – 

Specific intent offences =

·     Murder GBH section 18 theft robbery burglary. 

Basic intent offences =

·     Can be committed recklessly, manslaughter GBH section 20 ABH assault battery. 

Direct/oblique intent =

·     Maloney,said foresight consequences is evidence of intention but not intention itself. 

·     Hancock and Shankland,miner dropped concrete onto road killing driver said greater possibility consequence more likely the consequence is foreseen. Nedrick,poured paraffin through letterbox, killed child, jury entitled infer intention. 

·     Woolin,threw baby at wall + died, said should not infer intention but be told to find it. 

·     Re A,separate conjoined twins, knew one die, thought foresight consequences is intention. 

Recklessness =

·     Cunningham,recklessness. Tore gas meter off wall, gas released into house. D knows there is a risk of consequence happening but takes it anyway reckless. 

Strict liability =

·     Shah and shah,guilty selling lottery tickets underage boy even though told staff be careful. 

·     Sweet v Parsley,conviction quashed landlady allowing students smoke cannabis when did not know they were doing it.

·     Gammontest, ‘The presumption can be overlooked if there is a clear or necessary implication from the wording. The presumption should be strong when the offence is ‘truly criminal’ in nature. The presumption can only be overlooked if it is in relation to national safety or a social concern. Strict liability should only apply if it will help enforce the law by promoting greater…