general elements of criminal liability

Cards (14)

  • Omissions in criminal law refer to a failure to act, such as in the case of Pittwood where the duty to close gates led to manslaughter
  • In the legal context, contractual duties like in Pittwood can lead to criminal liability if an omission causes harm
  • Official position can also create a duty to act, as seen in Dytham's case where a police officer failed to intervene during a fight
  • Special relationships, like in Gibbins v Proctor, can impose a duty to act, for example, a father who starved his daughter to death by failing to feed her
  • Stone and Dobinson illustrate that undertaking a duty voluntarily, like caring for an elderly relative, can lead to criminal liability if that duty is not fulfilled
  • Creating a dangerous situation, as in Miller's case where failing to take reasonable steps with a fire they started resulted in criminal consequences
  • In cases like Airedale NHS Trust v Bland, doctors deciding to stop treating a patient raise complex legal and ethical questions
  • Causation in criminal law includes factual causation like in White and Pagett, legal causation like in Kimsey, and factors that can break the chain of causation
  • Medical treatment cases like Smith and Jordan highlight the complexities of causation in criminal law
  • Different forms of intention in criminal law include direct intention, indirect intention, and recklessness, each with specific legal implications
  • Negligence in criminal law, as seen in cases like Adomako, involves failing to meet the standard of a reasonable person, with gross negligence being a key factor in manslaughter cases
  • Strict liability offenses, as illustrated in cases like Callow V Tillstone, do not require proof of a mental state and can lead to criminal liability even without intent
  • Transferred malice allows for criminal liability when an offense intended for one person is committed against another, as seen in cases like Latimer and Gnango
  • Continuing act and series of connected acts are legal concepts used to address situations where the actus reus and mens rea do not coincide temporally