Underlying principles of Criminal Liability

Similar documents
Criminal Law Exam Notes

Answers to practical exercises

The learner can: 1.1 Define what is meant by a crime

Criminal Law A Flowchart

CRIMINAL LAW SUMMARY LAWSKOOL.CO.UK LAWSKOOL PTY LTD

Preview from Notesale.co.uk Page 1 of 63

1.2 Explain the nature of an actus reus. 1.4 Identify principal types of mens rea. 1.5 Explain the meaning and significance of transferred malice.

LAW1114: CRIMINAL LAW EXAM NOTES

Legal Liability. Sophie Foyston ROB

1 Criminal Responsibility

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2018

LAW03: Criminal Law (Offences against the Person) Involuntary Manslaughter: Unlawful Act Manslaughter.

Causation & Other issues

LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JUNE 2012

Loveless, Allen, and Derry: Complete Criminal Law 6e, Chapter 02

SAMPLE Criminal Law HD Exam Scaffold

Guide to Criminal Law. Contents

CHIEF EXAMINER COMMENTS

STANSFIELD COLLEGE CRIMINAL LAW Non-Fatal Offences

MLL214 CRIMINAL LAW 2013 MICHAEL KRIEWALDT

To begin, the behaviour and the defendant in question have to be identified as well as the offence they ve committed. This may be:

(1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.

Contents PART 1: CRIMINAL LIABILITY. Table of Statutes. Table of Secondary Legislation. Table of Cases

A-LEVEL LAW. LAW02 The Concept of Liability Report on the Examination June Version: v0.1

UNLAWFUL AND DANGEROUS ACT MANSLAUGHTER:

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2016

~~~~~ Week 6. Element of a Crime

LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2012

CRIMINAL LAW FINAL EXAM SUMMARY

Friday 16 June 2017 Afternoon

AQA A-Level Criminal Law

Strict liability and honest and reasonable mistake of fact defence

MLL214 Criminal Law Exam Notes and Cases

LEVEL 3 - UNIT 3 - CRIMINAL LAW SUGGESTED ANSWERS JUNE 2011

GCE GENERAL ELEMENTS OF LIABILITY MENS REA 2: RECKLESSNESS SUGGESTED IDEAS FOR TEACHING AND LEARNING

LECTURE 2 BASIC ELEMENTS OF CRIMINAL LIABILITY

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2014

UNIT 3 LEVEL 6 CRIMINAL LAW SUGGESTED ANSWERS January 2011

HSC Legal Studies. Year 2016 Mark Pages 33 Published Feb 7, Legal- Crime Notes. By Annabelle (97.35 ATAR)

JURD7122/LAWS1022 Criminal Laws

INSTITUTE OF LEGAL EXECUTIVES CRIMINAL LAW EXAMINER S REPORT AUTUMN 2007

Criminal Law. Text, Cases, and Materials. Janet Loveless. Third Edition UNIVERSITY PRESS

Actus Reus & Omissions

HSC Legal Studies. Year 2017 Mark Pages 46 Published Feb 6, Legal Studies: Crime. By Rose (99.4 ATAR)

CRIMINAL LAW. Problem Question Notes. PRINCIPLES... 1 Capacity Actus Reus Mens Rea... 4 Coincidence... 6!

Question With what crime or crimes should Dan be charged? Discuss. 2. What defense or defenses might Dan assert? Discuss.

Principles of Criminal Liability 2: Mens Rea

Bar Council response to the Reform of Offences against the Person Scoping Consultation Paper

LAWS1021 Crime and the Criminal Process Intent and Reckless Indifference... Constructive Murder... Unlawful act causing manslaughter (reckless

Principals and Accessories after Jogee

STANSFIELD COLLEGE CRIMINAL LAW Non-Fatal Offences & Consent

CRIMINAL LAW ESSAY SERIES ESSAY QUESTION #2 MODEL ANSWER. 1. With what crime or crimes should Dan be charged? Discuss.

LEVEL 6 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2016

Homicide: Intent and Reckless Indifference [Week 1B]! Wednesday, 30 July 2014! 3:12 pm! Criminal Laws (Brown et al) [ ]!! Homicide: Murder and

Elements of a crime. roofs: File not for distribution without prior permission from Pearson Education. This chapter explains:

PART 1: THE FUNDAMENTALS...

CRM 321 Mod 5 Lecture Notes

Homework. End of Unit Assessment 13D 13A

CRIMINAL LAW MURDER & MANSLAUGHTER

CHAPTER 1: FOUNDATIONS

I. Homicide: Part 1 a. Rationale: i. Defining the legal subject: and who is a criminal and who is a victim? ii. Look at: 1. Death a.

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013

The mens rea of murder is an intention to kill or to cause really serious injury, and this intention must be proved by the prosecution.

LLB130 NOTES !!!!!!!!

S G C. Assault and other offences against the person. Definitive Guideline. Sentencing Guidelines Council

Actus Reus - Introduction

CRIMINAL LAW CHART OF BLACK LETTER LAW DEFINITIONS & ELEMENTS

General Certificate of Education Advanced Subsidiary Examination June 2014

Report on the Examination

Voluntary act by the accused causes the death of a human being

CRIMINAL LAW (LAW 240)

LEGAL STUDIES U1_AOS2: CRIMINAL LAW

ADMINISTRATION OF JUSTICE GENERAL ASPECTS OF CRIMINAL LAW. Name: Period: Row:

klm Report on the Examination Law examination - June series General Certificate of Education

LAW04: Criminal Law (Offences against Property) Burglary

Criminal Law for Forensic Scientists ( )

Friday 20 May 2016 Afternoon Time allowed: 1 hour 30 minutes

CRIMINAL LAW. Sweet &. Maxwell's Textbook Series. 4th edition

Assessment criteria. The learner can: 1.1 Analyse the general nature of the actus reus. 1.2 Analyse the rules of causation

Assessment criteria. The learner can: 1.1 Analyse the general nature of the actus reus. 1.2 Analyse the rules of causation

Topic 5 Non-fatal,Non-sexual offences against the person

Offences 3. S300 Unlawful homicide 3. S302(1)(a) Intentional Murder 4. S303 Manslaughter 7. S335 Common Assault 9

Version 3 A teacher s guide for the 2017 AQA specifications for Law 7161 and 7162

Assessment criteria. The learner can: 1.1 Analyse the general nature of the actus reus. 1.2 Analyse the rules of causation

CHAPTER 14. Criminal Law and Juvenile Law

Criminal Causation and the Careless Doctor

Elements of Crimenal conduct

CHAPTER. Criminal Law

LEVEL 6 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2018

THE CRIMINAL EQUATION

Intentional Torts. Intentional Torts, Generally. Legal Analysis Part Two Fall Types of Intentional Torts 10/23/16

Attempts. -an attempt can be charged separately or be found as an included offence.

Examiners report 2009

Lecturer: Miljen Matijašević G10, room 6/I, Tue 14:15-15:15. Session 3, 16 Oct 2018

AS Law. LAW02 The Concept of Liability Mark scheme June Version 1.0: Final Mark Scheme

OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property.

LAW SHEET No.1 UNLAWFUL KILLING 1

A-LEVEL LAW. LAW 03 Criminal Law (Offences against the Person) or Contract Law Report on the Examination June Version: 1.

Defenses for the Accused. Chapter 10

MLL214 CRIMINAL LAW NOTES

Transcription:

Actus Reus 2 of 9 THE GUILTY ACT! Involuntary Acts - does not form actus reus - Hill v Baxter (1958); swarm of bees Omissions - a failure to act is not an act. Where a person's contract requires him to act - Pittwood (1902); gatekeeper on railway crossing Where a person's public position requires him to act - Dytham (1979); policeman failed to act Where an Act of Parliament requires a person to act - Children and Young Persons Act 1933 Where a person fails to minimise the harmful consequences of his act - Miller (1983); fire Where a person voluntarily takes on a duty - Stone and Dobinson (1977); anorexic sister Underlying principles of Criminal Liability 1 of 9 Actus Reus of the crime + Mens Rea of the crime = Defendant Liability

Mens Rea 4 of 9 THE GUILTY MIND OF THE DEFENDANT! Intention Direct - Mohan (1976) - direct intention in defendant's power Indirect (obllique) - Woollin (1998) - D fed 3-month old son who choked, so D threw baby to wall, who later died Matthews and Alleyne (2003) - D's threw V over bridge, who drowned and died Recklessness - defendant knows there is a risk but goes ahead and takes it anyway Cunningham (1957) - broken pre-pay gas meter, gas exploded and V became ill Causation 3 of 9 The link between the defendant's act and the criminal consequence. Factual causation - this is the 'but for' test: but for the defendant's act would not have occurred? White (1910) - poison cyanide, heart attack and Pagett (1983) - girlfriend human shield Legal causation - this is the 'operating and substantial cause' test to find the link between the defendant's act and the criminal consequence. Jordan (1956) - medical treatment 'palpably wrong' Smith (1959) - 2 soldiers, v stabbed taken to hospital, dropped twice, d found guilty of murder Cheshire (1991) - complications from tracheotomy Intervening acts or events - Novus Actus Interveniens - Malcherek (1981); life support machine Take your victim as you find him - Blaue (1975); Jehovah's Witness, refused blood transfusion The victim's own act - Roberts (1971); girl jumped out of moving car

Strict Liability 6 of 9 These are crimes defined as requiring an actus reus only; mens rea has no relevance Sweet v Parsley (1970) - teacher let out cottage to students who took drug Gammon (Hong Kong) Ltd. v Attorney-General for Hong Kong (1985) - criteria's laid; presumption of mens rea, truly criminal, statute must clearly exclude mens rea, only for public safety or social concern and encouraging greater vigilance Alphacell v Woodward (1972) - D's allowed polluted water to be discharged into river Smedleys v Breed (1974) - caterpillar in tin of peas London Borough of Harrow v Shah (2000) - national lottery ticket sold to under 16 Blake (1997) - unlicensed radio station broadcast 5 of 9 Coincidence of actus reus and mens rea and transfe Coincidence of actus reus and mens rea The actus reus and mens rea of a crime must occur at the same time - contemporaneity rule. The idea is that a person cannot be guilty of a crime if he performs an act that causes a previously desired result. Fagan v Metropolitan Polica Commissioner (MPC) (1969) - D stopped car on policeman and refused to move - no mens rea at first in this case, but it was later formed as D refused to move Thabo Meli (1954) - D hit V on head, intending to kill - then threw V over cliff Church (1966) - D threw unconscious V into river thinking V was dead Tranferred Malice - mens rea of the crime directed at one person is transferred to the unintended victim of the crime Mitchell (1983) - D pushed elderly man, who fell on elderly woman, who died in hospital - the court said there was no direct contact between D and V but V was direct result of D's action

8 of 9 Three offences under the Offences Against the Pers Hierarchy of harm Assault and battery ------> Section 47 ------> Section 20 ------> Section 18 Section 47 of the OAPA 1861 - assault occasioning actual bodily harm (ABH), triable eitherway.chan-fook (1994) - bodily harm includes organs, nervous system and brain. Smith (2006) - includes person's hair. Section 20 of the OAPA 1861 - malicious wounding or inflicting grievous bodily harm (GBH), triable either-way. Must have no consent, wounding requires break of skin, ordinary and natural meaning. JCC v Eisenhower (1984) - hit by airgun pellt, internal bleeding so no wounding. Brown and Stratton (1998) - V was transsexual, attacked and left with broken nose. Section 18 of the OAPA 1861 - wounding or GBH, triable either-way. Belfon (1976) - D slashe V with a razor. The offences of assault and battery 7 of 9 Assault and battery are two different offences that together are called common assault. Assault - intentionally or recklessly causing the victim to fear immediate, unlawul harm. Savage (1991) - mens rea is an intentionto cause victim to apprehend unlawful and immediate violence or recklessness. Actus reus has these elements; causing the victim to apprehend violence, immediate and unlawful violence. Logdon (1976) - D pointed gun at V who got scared. Smith v Chief superintendent of Woking Police Station (1983) - no words, just action. Battery - the unlawful application of force to another. Thomas (1985) - school caretaker touched girls skirt. Consent can make the touching lawful. Haystead (2000) - punched girlfriend who dropped baby.

Summary of offences 9 of 9 Section 47 Actus reus - assault occasioning actual bodily harm Mens rea - intention or recklessness as to either putting the victim in fear of unlawful force or applying unlawful force Section 20 Actus reus - wounding or inflicting grievous bodily harm Mena rea - intention or recklessness as to some harm Section 18 Actus reus - wounding or inflicting grievous bodily harm Mens rea - specific intent to wound or cause grievous bodily harm or resist arrest