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Crime 3
Foundations of criminal law & non-fatal offences against the person
| Term | Definition |
|---|---|
| Actus Reus | Physical element of a crime - what D must DO to be guilty |
| Mens Rea | Mental element of a crime - what we must prove about D's state of mind in order for him to be guilty |
| Hill v Baxter | Case that suggested that a man in a car full of bees wouldn't be acting voluntarily |
| Pittwood | Omissions case; rail crossing guard (contractual duty to act) |
| Dytham | Omissions case; police officer (public duty to act) |
| Instan | Omissions case; gangrenous aunt (duty after taking responsibility) |
| Gibbins & Proctor | Omissions case; starved child to death (duty arising from relationship) |
| Miller | Omissions case; squatter accidentally caused fire then failed to act (duty arising from causing a dangerous situation) |
| White | Causation case; poisoned mother |
| Paggett | Causation case; human shield |
| Blaue | Causation case; thin skull rule |
| Jordan | Causation case; medical treatment 'palpably wrong' |
| Smith | Causation case; soldier dropped on way to hospital |
| Roberts | Causation case; V jumped out of car during sexual assault |
| Williams | Causation case; V jumped out of car during robbery |
| Road Traffic Act 1998 | Statutory duty to act |
| Mohan | Case - definition of intent |
| Direct intent | When D desires an outcome |
| Indirect/oblique intent | When the outcome is not D's main desire or purpose but D still intends it |
| Woollin | Case - 'virtual certainty' test |
| Cunningham | Case - test for recklessness (gas meter) |
| G & Another | Case - recklessness must be subjective (fire) |
| Strict Liability | A class of crime that requires no mens rea |
| Shah | SL case; selling lottery tickets to underage buyer |
| Pharmaceutical Society v Storkwain | SL case; supplying drugs without a valid prescription |
| Sweet v Parsley | SL case; but on appeal the crime was said to require mens rea |
| Gammon | SL case that gives guidelines as to when mens rea will be required |
| Contemporaneity | The rule that says that AR and MR must occur at the same time |
| Fagan v Met. Police Commissioner | Case where a 'continuing act' was used to prove contemporaneity |
| Thabo Meli | Case where a 'series of events' was used to prove contemporaneity |
| Ireland | Words or silence can be an assault |
| Constanza | Assault by letters |
| Savage | Outlines MR of ABH |
| Mowatt | Outlines MR of GBH S20 |
| Eisenhower | Wound must break 2 layers of skin |
| Smith v Chief Superintendent of Woking Police Station | 'Peeping Tom' assault |
| DPP v K | Indirect battery (acid in hand dryer) |
| Brown & Stratton | Combination of injuries may make up GBH |
| Bollam | Bruising on a child could be GBH |
| Chan Fook | ABH can be mental 'harm' and must be more than trivial |
| DPP v Smith | Cutting hair can be ABH |
| Burstow | Psychological harm may be GBH |
| Dica | GBH by infection with HIV |
| Wilson | Consent as defence to ABH (branding) |
| Brown & Others | Consent failed as defence to GBH (sado-masochists) |
| Logdon | An assault can take place even when D can't carry out the threat |
| Malcherek | Withdrawing life support will not break the chain of causation |
| Martin | Theatre doors - indirect battery |
| T v DPP | Loss of consciousness can = ABH |
| Miller 1954 | ABH = 'designed to interfere with health & comfort' |
| Collins v Willcock | Discussed implied consent |
| Venna | Fight with policeman - MR of Assault/Battery |
Created by:
Mr Lovell
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