LA3 - Actus Reus and Mens Rea

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  • Created by: jkav
  • Created on: 10-09-15 12:11
Hill v Baxter
Involuntary Acts, Sleepwalking, Crown court said 'Had to prove that D was not sleepwalking or in a trance or black-out'
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R v Pittwood
A contractual duty, Railway control, Paid to deal with trains
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R v Gibbins and Proctor
A duty to act due to special relationship, Nelly death, Duty to act as father even if stepmum hated her.
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R v Stone and Dobinson
Assumption of responsibility, Fanny death after neglieded, Taken her in must act
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R v Dytham
Duty to act due to official position, ignoring fight, death lead to him being responsible.
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R v Miller
Duty to act after creating dangerous situation, this was as he didn't put out a cigarette
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R v White
Factual causation, spiking mother but died from heart attack before drinking. Didn't cause death but convicted of attempt murder
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R v Pagett
De Minimis Principle, Used girlfriend a\s human shield, shot and police returned fie and killed her, Court said'reasonably foreseeable that police would return fire'
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R v Cheshire
Acts of 3rd party, Shot in chip shop and after surgery developed a issue because of surgery and died. Court said 'only most extraordinary case of medical treatment would break the chain of causation'. Other cases R v Smith and R v Jordan
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R v Roberts
Victims's own acts, Victim does something ' so daft or so unexpected that no reasonable person could be expected o foresee it', then it would break the chain of causation.
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Williams and Davies
'As long as in the range of responses expected will not break the chain of causation'
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R v Blaue
The Thin Skull Rule, Victim was stabbed, in hospital needed blood transplant, refused and died. Court said' her refusal was not unreasonable and didn't break the chain of causation.'
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R v Woollin
Oblique intention, threw baby at wal and it died, Claimed didn have he Mens Rea for murder, Curt said 'substantial risk'. This was classed as recklessness.
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Subjective Recklessness
A person is reckless where they realise a risk and go or to take that risk.
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R v Cunningham
Subjective Recklessness, Ripped gas meter to steal money, next door neighbour died, Court said'whether cunningham had foreseen the risk; that is, the risk of someone inhaling the gas.
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R v Latimer
Transferred Malice, Hit wrong person with belt, Court say 'purely accidental and not such a consequence of the blow as ought to have expected'
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R v Pembliton
Transferred Malice, Threw brick in direction of others, smashed window behind, Court quashed case as 'Mens Rea can't be transferred between crimes'.
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Fagan v Metropolitan Police Commissioner
Coincidence of Actus reus and Mens rea, Policeman pulls fagan over stops on police foot, doesnt move and withces engine off after been told to move, then moves, This is known as the Continuing act Principle.
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Thabo Meli v R
Coincidence of ActusReus and Mens Rea, Plan to kill victim, think dead roll down hill, dies of exposure. Transaction Principle as events can't be separated.
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Other cards in this set

Card 2

Front

A contractual duty, Railway control, Paid to deal with trains

Back

R v Pittwood

Card 3

Front

A duty to act due to special relationship, Nelly death, Duty to act as father even if stepmum hated her.

Back

Preview of the back of card 3

Card 4

Front

Assumption of responsibility, Fanny death after neglieded, Taken her in must act

Back

Preview of the back of card 4

Card 5

Front

Duty to act due to official position, ignoring fight, death lead to him being responsible.

Back

Preview of the back of card 5
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