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Crime 3

Foundations of criminal law & non-fatal offences against the person

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 Assault by silent phone call
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)
Read v Coker Verbal assault
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
Created by: Mr Lovell
Popular Law sets




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