Criminal Liability

R v Pagett

“But for” Test

What is a strict liability offence?

Only actus reus needed to be guilty of crime (Sweet v Parsley)

What is burden of proof?

Innocent until proven guilty (Woolington v DPP)

What is reverse burden?

Burden of proof is on D e.g. if they claim they’re insane they need to prove it

What is a conduct crime?

Actus reus is the prohibited conduct itself e.g. drink driving (Road Traffic Act 1988)

What is a consequence crime?

Actus reus must also result in a consequence e.g. ABH

What is a state of affairs crime?

Crime is simply a state of affairs e.g. possession of drugs

Seen in R v Larsonneur

What is a voluntary act?

Actus reus must be voluntary for D to be guilty (Hill v Baxter)

What is a Good Samaritan law?

Makes a person responsible for helping other people in emergency situations (R v Miller)

What is an omission?

Failure to act

Generally no liability for not acting

What are the exceptions to the rule that people aren’t liable for omissions?

• Statutory Duty (Road Traffic Act 1988)

• Contractual Duty (R v Pitwood)

• Duty because of a relationship (R v Gibbins & Proctor)

• Duty taken on voluntarily (R v Stone & Dobinson)

• Duty through a public position (R v Dytham)

• Duty where D has caused a dangerous situation and has failed to remedy it (R v Miller)

• Duty of Doctors (Airedale NHS Trust v Bland)

Can there be more than one person who contributed towards a death?

Yes (multiple causes)

What is transferred malice?

D’s mens rea for crime is transferred from intended victim to actual victim (R v Latimer)

What is the contemporaneity tule?

Mens rea of an offence must be present at the time actus reus is committed

What are 2 modifications of the contemporaneity rule?

1. Actus reus can be continuing act (Fagan v Metropolitan Police Commissioner)

2. Actus reus can be a series of linked acts (Thabo Meli v R)