combined criminal law

strict liability, sentencing, causation, omissions, intention, assault and battery, abh and gbh

retribution/punishment, protection of the public, denunciation, reparation, deterrence, rehabilitation

what are the aims of sentencing?

retribution

what kind of punishment is community orders?

protection of the public

what kind of punishment is custodial sentences (prison)?

denunciation (disapproval)

what kind of punishment is discharges (let go because minor offence)?

reparation

what kind of punishment are fines?

rehabilitation

what kind of punishment are community orders?

criminal justice act 2003

what act sets the sentencing guidelines?

poison in V’s drink, died of heart attack before drinking it

what happened in r v white 1910?

aim, purpose + desire (R v Mohan )

what is direct intention?

dangerous driving, almost hit officer (ABH)

what happened in r v mohan ?

virtual certainty (natural and probable outcome); (R v Nedrick + R v Woollin )

what is the test for indirect intention?

paraffin fire, kills child

what happened in r v nedrick ?

threw baby to pram near wall, baby dies

what happened in r v woollin ?

subjective (current test): did D see the risk and did they take it? (R v Cunningham ) objective: would a normal person see the risk? (C v Elliott )

what is recklessness?

gas meter ripped off wall, poisoned V

what happened in r v cunningham ?

set white spirit on fire (learning difficulties)

what happened in c v elliott ?

actus reus doesn’t have to be voluntary for conviction (r v larsonneur )

what is absolute liability?

french immigrant deported, illegal alien in new country

what happened in r v larsonneur ?

voluntary AR, no MR required (r v prince 1875)

what is strict liability?

Alphacell v Woodward

what case shows a strict liability crime?

faulty machine pollutes river

what happened in Alphacell v Woodward?

d took girl from father thinking she was of age (victorian case, evaluative of law change)

what happened in r v prince 1875?

due diligence case, butcher sold unfit meat that vet said was fine

what happened in callow v tillstone and why is it important?

d does all in their power to not commit an offence, no MR (Shah and Shah )

what is due diligence?

newsagent sold lottery ticket to underage, no id

what happened in shah and shah?

cundy v le cocq and sherras v de rutzen

what cases are examples of mistakes?

sold alc. to drunk person (offence), not aware of insobriety

what happened in cundy v le cocq?

d gave alc. to undercover cop

what happened in sherras v de rutzen?

(judges:) public nuisance, criminal libel (written slander) and public indecency, social concern

what is common law strict liability?

presumption that MR is needed/present (sweet v parsley) and the gammon test

how do you know that a statute is strict liability/MR is needed?

tenants smoked weed in farmhouse, landlord unaware

what happened in sweet v parsley?

quasi crime (regulation; not truly criminal), social concern, wording of the act, enforcement of the law

what does the gammon test test for?

regulatory offence

what is a quasi-crime?

callow v tillstone, harrow lbc v shah and shah, cundy v le cocq

what case is an example of a quasi-crime?

B v DPP, the more serious the offence, the greater the weight of MR

what case shows a truly criminal offence?

D made sexual advances to under 13

what happened in b v dpp 2000?

imposes liability on people who are not blame worthy. those who are unaware of risks may be guilty. no evidence that it improves standards. Imposition of Strict Liability is contrary to human rights. some strict liability offences carry a social stigma

what are the disadvantages of strict liability?

Promotion of care – it protects the public from dangerous practises. Deterrent – offenders obey the law because they know prosecution leads to an automatic conviction. Easier enforcement – court time is saved when mens rea need not be proved

what are the advantages of strict liability?

the guilty act

what is actus reus?

beyond reasonable doubt

what is the standard of proof in criminal cases?

Thabo Meli v R

what case shows contemporaneity rule?

D attacked a man, thinking they had killed him so put the body over a cliff. he eventually died of exposure, guilty of murder.

what happened in Thabo Meli v R 1954?

when the MR appears later than when the AR is performed originally

what is a continuing act?

fagan v metropolitan police commissioner

what case shows a continuing act?

d ran over v’s foot (accident), refused to move (ongoing act)

what happened in fagan v met. police commissioner?

MR and AR must both be present

what is the coincidence of actus reus and mens rea/contemporaneity rule?

d does not have full control over actions (must be sober and purposeful/no accident)

what differentiates an involuntary act to a voluntary one?

action leads to outcome, crime due to circumstance, action has an end consequence

how is the guilty act classified?

d’s actions LINK to the outcome/harm

what is the chain of causation?

but for d, would x happen? BUT FOR test

what is factual causation?

r v pagett

what case shows factual causation?

d used pregnant gf as shield in shootout

what happened in r v pagett?

DE MINIMIS: more than slight trifling link between d’s action and the outcome

what is legal causation?

marchant and muntz, kimsey

what cases show legal causation?

motorbike crash into tractor w/ spikes, 80mph, would’ve died anyway

what happened in marchant and muntz?

car chase crash

what happened in r v kimsey?

3rd party intervention (r v jordan), v’s own actions (r v roberts), v’s condition (r v blaue)

how can you break the chain of causation (shift blame, lesser conviction)?

v stabbed, allergic to antibiotics at hospital, died

what happened in r v jordan?

thin-skull rule: if v has a condition, d is liable for it (r v blaue)

what test is used for v’s own condition?

Jehovah’s witness stabbed, needed blood transfusion but couldn’t due to religion

what happened in r v blaue?

woman jumped from moving car to avoid sa, injured

what happened in r v roberts?

failure to act is not a crime UNLESS stated in statute (DIRECT) or (DERRIVATIVE) duty of care

what is the general rule of omissions?

officer search, needles

what happened in dpp v santa-bermudez (indirect battery?)

r v winter \-- fireworks stored unsafely, fire

what case shows duty of care?

S6 road traffic act \-- stop at accident

what case shows direct liability (statute?)

r v gibbins and proctor \-- d failed to feed child

what case shows derivative liability (relationship?)

r v stone and dobinson

what cases shows derivative liability (voluntary duty?)

failed to feed anorexic sister

what happened in r v stone and dobinson?

r v pitwood

what case shows a contracted duty?

failed to close train gate, train hit carriage

what happened in r v pitwood?

officer watched bouncer beat man to death

what happened in r v dytham?

r v dytham, r v naughton

what cases show derivative liability, public office role?

off-duty officer didn’t stop friend attack restaurant owner

what happened in r v naughton?

officer search, needles

what happened in r v santa-bermudez?

r v santa-bermudez, r v miller

what cases show derivative liability (from creating dangerous situation?)

drunk, cigarette set fire to room, didn’t put out

what happened in r v miller?

case, AO1 (knowledge), AO1, AO2 (application), AO2 (star shape, but for… would x happen?, what’s the link and is d more than a minimal cause/trifling link, is it foreseeable?)

how do you answer a substantive criminal law 5 marker?

intention and recklessness

what are the types of MR?

a decision to bring about, in so far as it lies within the accused's power, \[the prohibited consequence\], no matter whether the accused desired that consequence of his act or not.

direct -- aim, purpose, desire (r v mohan)

indirect -- virtual certainty (r v woollin and r v nedrick)

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what are the types of intention?

subjective (current test): did D see the risk and did they take it? (R v Cunningham ) objective: would a normal person see the risk? (C v Elliott )

what are the types of recklessness?

when injury intended for one person occurs to another by d; not transferrable between people and objects

what is transferred malice?

r v latimer and r v pembilton

what cases show transferred malice?

struck woman with belt, aimed at man

what happened in r v latimer?

d threw stone at v, hit window instead

what happened in r v pembilton?

an act (positive act, not omission) which causes the victim to apprehend (foresee consequence/inflicts fear) the infliction of immediate (within a short time before/after), unlawful force (intentional/reckless touching w/o lawful excuse nor consent), with either an intention (aim, purpose, desire) or recklessness (did d see the risk and take it?) to whether fear is caused

what is the definition of assault?

d stared through v’s bedroom window, scared her

(assault:) what happened in smith v superintendent of woking police

positive act, not omission (failure to act) causation (link between act + harm; BUT FOR)

‘an act… causes’

v foresees consequence/inflicts fear; Lamb 1967

‘apprehend’

d pointed revolver at v, showed empty chamber, fired and shot v

what happened in Lamb 1967?

within a short time before/after Tuberville v Savage 1669

‘immediate’

threatened to pull out sword, negated threat, assize time

what happened in Tuberville v Savage 1669?

nullify, take back

what does it mean to negate?

intentional/reckless touching w/o lawful excuse nor consent; r v thomas

‘unlawful force’

grabbed girl’s skirt

what happened in r v thomas?

triable-either-way: section 39 criminal justice act: 6 months imprisonment, 2 years imprisonment for racially motivated offence and/or £5000 fine

what is the punishment for assault?

an act which causes the victim to apprehend the infliction of immediate unlawful force

what is the actus reus of assault?

with either an intention or recklessness to whether fear is caused (only direct intent and recklessness NO OMISSIONS); r v venna

what is the mens rea of assault?

kicked officer who dropped him, fractured own bone

what happened in r v venna?

s39 criminal justice act

what is the act for assault?

a decision to bring about, in so far as it lies within the accused's power, \[the prohibited consequence\], no matter whether the accused desired that consequence of his act or not.

what is intention?