Criminal Liability

ACTUS REUS

Latin for guilty act. Physical element of the crime. Can be an act, omission or state of affairs. Must be voluntary (Hill v Baxter) except State of Affairs (Larsonneur/Winzar)

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OMISSIONS

Failure to act. Not liable unless: 1) Contractual duty (Pittwood) 2) Relationship (Gibbons v Proctor) 3) Volunatarily (Stone v Dobinson) 4) Official Position (Dytham) 5) Dangerous Situation (Miller). Doctors withdrawing treatment not omission (Bland)

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CAUSATION

Part of AR. Factual Cause (But for, White), Legal Cause (De minimus, Smith), Thin Skull Rule (Blaue), No intervening acts: Natural unpredictable events, 3rd party (Pagett), V's own act (Roberts/Williams) ,Grossly neg med (Jordan). serious/independent

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MENS REA

Guilty mind. Mental element. Each crime has own MR. Statutory offenceswords that indicate MR: "knowingly"/"recklessly". Different levels of MR, highest-intention, lowest-recklessness. Must have at least lowest level of MR

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INTENTION

Direct: aim, want, desire (Mohan). Indirect/oblique: virtual certainty, D must realise (Woollin). Recklessness: unjustified risk taking, D must recognise risk (Cunningham), Transferred malice: (Latimer), General malice, no specific V

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STRICT LIABILITY

No MR required. Regulatory=Fines. Shah-lotto tick's to 13yr/Alphacell v Woodward-river pollution/Smedleys v Breed-cat'pillar peas. Created by statute, court looks for MR words. Truly criminal, MR presumed (Sweet v Parsley) Protect pub. safety/Quick

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CONTEMPORANIETY/COINCIDENCE AR+MR

Don't start at same time but coincide at some point. (Fagan-drove on foot)/(Church-couldn't get it up)

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ASSAULT

Common law/Summary offence/6 mnths +/or £5k fine. AR=cause V to fear immediate unlawful personal violence. Words negate assault-Tuberville v Savage. Can be silent phonecalls-Ireland. Logdon-doesn't matter that gun was fake.

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ASSAULT 2

Smith v Chief Constable of Woking Police-meaning of immediate was extended, someone looking through woman's window. Constanza-definition of immediate: any time not excluding the immediate future. Mens Rea = Intention/Recklessness as to... Direct/Reck

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BATTERY

Common law/Summary offence/6 mnths +/or £5k. AR=application of unlawful force. Slightest touch (Thomas). Can be indirect (DPP v K- acid) (Haystead-dropped baby) Intention as to app. of unlawful forse. Intention/Recklessness

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s.47 OAPA 1861 (ABH)

Statutory offence/Either way/Max. 5yrs. AR=assault or battery occassioning ABH. 1) ID assault/battery 2) Causation 3) Miller- harm calculated to interfere with V's health/comfort. T v DPP- loss of consciousness. DPP v Smith- cut hair.

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s.47 OAPA 1861 (ABH) 2

Chan-Fook- psychological. Mens Rea = Intention/Recklessness as to assault/battery. No additional MR required (Savage- threw beer glass which slipped out of hand. Intention- aim, want, desire (Mohan) Recklessness- unjustified risk taking (Cunningham)

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s.20 OAPA 1861 (GBH or Wounding)

Statutory/either way/max. 5yrs. AR= GBH or Wounding. Eisenhower- wound="breaks both layers of the skin" DPP v Smith-GBH="really serious harm"

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s.20 OAPA 1861 (GBH or Wounding) 2

Bollom: consider V- baby covered in bruises. Dica: could be biological (STIs). Burstow: psychological. Mens Rea = Intention or Recklessness as to some harm (Parmenter) Direct-aim,want,desire(Mohan) Reck.- D recognises the risk and takes it (Cunnin')

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s.18 OAPA 1861 (GBH/Wounding with intent)

Statutory/Indictable/Max. life. AR=GBH or Wounding. Eisenhower-breaks both layers. DPP v Smith- really serious harm. Bollom, Dica, Burstow. MR=intention only to wound or cause serious harm. Direct/indirect. resist arrest, recklessness (Morrison)

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BAIL AND PROCEDURE-summary offences

Sum. Offences: Assault/Battery: If D pleads guilty- Mags pass sentence, likely to be dealt with quickly- Possible adjournment if more info is needed. If D pleads not guilty, matter is adjourned for trial+witness needs to attend. Mags consider bail

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BAIL AND PROCEDURE-either way

Plea bef. venue hearin: If D pleads guilty, Mags sentence him. If Mags need higher sentence, send him to Crown Ct.Mode of Trial: When D pleads not guilty, Mags decide whether seriousness of offence+sentencing powers are sufficient

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BAIL AND PROCEDURE-either way 2

Consider bail until trial. If Mags accept the case, the D has the right to choose jury trial. Consider bail. Mags = 20% acquittal. Crown = 60% acquittal.

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B+P-indictable and Burden+Standard of Proof

Pre-trial procedure. 1st hearing in Mags- decide bail+legal aid. Then sent to Crown Court. (Applies to all). Innocent until proven guilty- burden of proof is on prosecution who must prove D's guilt. Standard of Proof = Beyond all reasonable doubt

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SENTENCING types

1) Fines (very common in Magistrates Court) 2) Custodial (over 21's. Under 21's go to Young Offenders) Could be suspended.3) Community (unpaid work/supervision order/curfew/tagged) 4) Discharged (Can be conditional or absolute)

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SENTENCING aims

Denunciation: showing disapproval, Rehabilitation: help and support, Retribution: an eye for an eye, Incapacitation: prevented from reoffending, Deterrence: an example to other would-be offenders, Reparation: pay back debt

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AGGRAVATING FACTORS

Weapon, group attack, vulnerable victim, planned, prev. conviction, on bail, attack on the grounds of:sex, race, religious, sexual orientaton or disability.

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MITIGATING FACTORS

Provoked, first offence, pleaded guilty, showed remorse, D is very old or young

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Criminal Liability

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