Law: Crime

Case studies for omissions

Contractual duty- Pittwood

Official position- Dytham

Special relationships- Gibbins and Proctor

Voluntary- Stone and Dobinson

Creating a dangerous situation- Miller

What is actus reus

A positive voluntary act

What are the types of crimes

Consequence crimes= must have a consequence as a result of a crime (e.g assault occasioning ABH OAPA 1861)

Conduct crime= drink driving (Road Traffic Act 1988)

State of affairs= possession of controlled drug (Misuse of Drugs Act 1971)

What is the chain of causation

1. Factual causation

2. Legal causation

3. No intervening act

What is the test for factual causation

But for test

Case examples for factual causation

White and Pagett

What is legal causation

Having more than a minimal contribution

Case for legal causation

Benge

Case for Thin Skull Rule

Blaue

Which intervening acts can break the chain of causation?

An unforseeable act of nature (e.g being struck by lightning), unforseeable act of a third party (Kennedy (No.2)), victims own conduct (Williams, Roberts), and in certain circumstances medical treatment (Jordan)

Case for direct intention

Johan

Case for indirect intention

Woollin

What is indirect intention

Result wasn’t D’s aim but he realises it is “virtually certain” to occur as a result of his actions

What is recklessness

D is aware of a risk of the consequence happening but deliberately goes ahead and takes it anyway

Case for recklessness

Cunningham

What is negligence

Failing to meet the standard of the reasonable person

Case for negligence

Adomako

Case for strict liability (no fault offences)

Cundy v Le Cocq

Case for transferred malice

Latimer

How does Lord Coke define murder?

The unlawful killing of a reasonable creature under the Kings Peace with malice afterthought, express or implied

Actus reus for murder

Unlawful killing by act or omission (Gibbins and Proctor)

Human being (Malcherek)

Under the King’s peace (Blackman)

What does the Vickers case tell us?

Intent to cause GBH is sufficient for murder

What are the partial defences for voluntary manslaughter?

Loss of control

Diminished responsibility

Where is loss of control set out

s.54 Coroners and Justice Act 2009

What is the loss of control checklist?

Did D lose the ability to act in accordance with considered judgement/loss of normal powers of reasoning (Jewell)

Was the loss of control attributable to a qualifying trigger (fear of serious violence (Ward) or things said or done of an extremely grave character giving sense of being seriously wronged (Zebedee)

Normal person test (a person of same sex and age with a normal degree of tolerance and self-restraint in the circumstances of D (Asmelash) might have reacted in the same way (Christian))

Where is DR defined?

s.2 Homicide Act 1957 and Coroners and Justice Act 2009 s.52

What is the checklist of DR?

Is there an abnormality of mental function? (Byrne)

A mental condition? (Dietschmann, Golds)

Does it substantially impair D’s mental ability to understand the nature of D’s conduct, to form a rational judgement, to exercise self control (Golds)

Does it explain the killing?

What are the recognised medical conditions for DR?

Psychotic condition (Golds)

Post-natal depression (Boots)

Mental disorder (Brennan)

Alcohol dependency syndrome (Wood)

Depressive illness (Dietschmann)

Asperger’s syndrome (Jama)

Battered Spouse’s Syndrome (Hobson)

What is the Gross Negligence checklist?

1. Did D owe V a duty care?

   Was V’s injury reasonably foreseeable? (Donoghue v Stevenson)

   Did D owe V a duty to act? (Pittwood)

2. Did D breach that duty?

   Did D’s breach cause death? (Brought in)

   was there a foreseeable risk of death? (Misra)

3. Was D grossly negligent (Adomako)

What are the five non-fatal offences?

Assault

Battery

Assault occasioning ABH s.47

Malicious wounding or inflicting GBH s.20

Wounding or causing GBH with intent s.18

Where is Assault defined?

Common law but charged under s.39 Criminal Justice Act 1988

What is the Actus Reus of Assault?

Actions (Smith v Woking Police) or words (Ireland) which cause V to apprehend immediate unlawful force (Smith v Woking)

What is the mens rea of assault?

Intentionally causing V to apprehend immediate unlawful force or recklessly causing V to apprehend immediate unlawful force (Logdon)

Where is battery defined?

Common Law but charged under s.39 Criminal Justice Act 1988

What is the Actus Reus of battery?

Applying unlawful force (any touching (Collins v Wilcock)), can be clothes (Thomas), a booby trap (DPP v K) or an omission (Santana-Bermudez)

What is the men’s rea of battery?

Intentionally applying unlawful force to V or recklessly applying unlawful force to V (Venna)

Where is assault occasioning ABH defined?

s.47 Offences Against the Person Act 1861

What is the Actus Reus of assault occasioning ABH?

Assault/Battery that causes ABH (“interference with comfort” (Miller) )

What is the mens rea for assault occasioning ABH?

Intentionally/recklessly causing V to apprehend immediate unlawful force or intentionally/recklessly applying unlawful force to V

Where is maliciously wounding or inflicting GBH defined?

s.20 Offences Against the Person Act 1861

What is the Actus Reus for maliciously wounding or inflicting GBH?

Wounding (Eisenhower) or inflicting “serious harm”(DPP v Smith)

What is the mens Rea of maliciously wounding or inflicting GBH?

Intentionally or recklessly causing some harm