Criminal Liability

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What is Actus Reus?
The voluntary, deliberate guilty act of the defendant.
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What is the case example for involuntary acts?
Hill v Baxter- An involuntary act does not form the actus reus of the crime, The court gave examples of involuntary acts, e.g. Being stung by a swarm of bees.
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What is an omission?
A failure to act.
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What is the case example for when a person's contract requires him to act?
Pittwood- A contractual duty created criminal liability for an omission when the defendant failed to act as required.
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What is the case example for when a persons public position requires him to act?
Dytham- A persons public position created liability for an omission.
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What is the case example for when a person fails to minimise the harmful consequences of his act?
Miller- The defendant's failure to minimise harm caused by a dangerous situation he had created, created liability for an omission.
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What is the case example for when a person voluntarily takes on a duty?
Stone and Dobinson- A person can take on responsibility for another and create liability for an omission if they fail to fulfill the duty.
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What is causation?
The link between the defendant's act and the criminal consequence.
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What is factual causation?
This is the 'but for' test. But for the defendants act would the consequence have occurred?
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What are the two case examples for factual causation?
White- The cause of death was natural and not caused by the defendants act. Pagett- Used his girlfriend as a human shield whilst on the run from the police.
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What is legal causation?
This is the 'operating and substantial cause' test to find the link between the defendant's act and the criminal consequence.
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What is a case example for legal causation?
Smith- The original act was the operating and substantial cause of the consequence.
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What is Novus actus interveniens?
'New act intervening' This breaks the chain of causation.
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What does the term mens rea mean?
The guilty mind.
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What is direct intent?
This occurs where the consequence is the defendant's main aim or purpose.
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What is a case example for direct intent?
Mohan.
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What case set out the 'virtual certainty test for oblique intention?
Woolin- The consequence is a virtually certain result of the act, and the defendant knows that it is a virtually certain consequence.
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What case confirms the virtual certainty test?
Matthews and Alleyne- Confirms the virtual certainty test in woolin and allows the jury to infer intention.
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What is oblique intention?
Where the consequence is not the defendants main aim or purpose.
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What does the term recklessness mean?
The level of mens rea is lower than intention, wherein the defendant knows there is a risk but goes ahead and does it anyway.
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What is a case example of recklessness?
Cunningham.
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What is Coincidence of actus reus and mens rea and transferred malice?
Where they all occur at the same time also called the Contemporaneity rule.
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What is the case example for the Contemporaneity rule?
Fagan v MPC- Even though the original act was an accident he continued with the act. So mens rea was then formed.
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What is Transferred malice?
Where the mens rea of the crime is directed at one person but then it is transferred to the unintended victim of the crime.
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What is a case example for transferred malice?
Mitchell- He pushed an elderly man who fell onto an elderly woman and the woman later died in hospital.
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What is strict liability?
Crimes defined as requiring actus reus only; mens rea has no relevance.
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What is a case example for strict liability?
Gammon v Attorney General- sets out the general criteria for strict liability.
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What is assault?
Intentionally or recklessly causing the victim to fear immediate, unlawful harm.
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What is the actus reus of assault- S39 Criminal justice act?
Causing the victim to apprehend violence, Immediate violence, Unlawful violence.
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What is a case example for assault?
Logdon- An assault could be by words and actions.
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What is battery?
The unlawful application of force to another.
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What is a case example for battery?
Thomas- That touching a person's clothes can be battery.
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What is the actus reus of S18 Offences Against the person act?
Wounding, Inflicting GBH.
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What is the mens rea of S18 Offences Against the person act?
Specific intent to wound, Specific intent to cause GBH, Resist arrest.
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What is the actus reus of S20 Offences Against the person act?
Wounding (Eisenhower), Inflicting GBH (Brown v Stratton)
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What is the mens rea of S20 Offences Against the person act?
Intention, Recklessness as to some harm.
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What is the actus reus of S47 Offences Against the person act?
Assault, Occasioning(Causation) ABH (Miller) Application of unlawful force.
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What is the mens rea of S47 Offences Against the person act?
Intention, Recklessness,Putting the victim in fear of unlawful force or applying unlawful force.
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What is the mens rea of Assault section 39 criminal justice act/
Intention, recklessness to causing fear to the victim.
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What is the actus reus of battery section 39 criminal justice act?
The unlawful application of force, wounding.
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What is the mens rea of battery section 39 criminal justice act?
Intention, Recklessness to apply unlawful force.
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What is the definition of wounding?
The victims skin is cut and therefore usually results in some blood loss.
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What is the definition of GBH?
This is serious harm and can cover a wide range of injuries.
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Card 2

Front

What is the case example for involuntary acts?

Back

Hill v Baxter- An involuntary act does not form the actus reus of the crime, The court gave examples of involuntary acts, e.g. Being stung by a swarm of bees.

Card 3

Front

What is an omission?

Back

Preview of the front of card 3

Card 4

Front

What is the case example for when a person's contract requires him to act?

Back

Preview of the front of card 4

Card 5

Front

What is the case example for when a persons public position requires him to act?

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Preview of the front of card 5
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