Paper 1 section B (yellow book)

Created by

Emily Judge

Cards (117)

What is actus Reus?
“Guilty act”
Does the AR have to be voluntary?
Yes.
What is omission?
A failure to act (not doing something)
What are duties created under parliament called?
Statutory duties
What are duties under judges called?
Common law duties
5 types of statutory duties? (ommision)
Contractual duites
official
special
voluntary Creating a dangerous situation
Key case for contractual duties? (showing omission)
arise through contracts of employment
Pittwood
Railway crossing keeper failed to close gates.
omission formed the AR of manslaughter
key case for official position duties? (showing omission)
Dytham
D was police officer and when V was beaten up
D was guilty for failing to perform his duty while in public position
Key case for special relationship? (Showing omission)
Gibbons and proctor
farther starved 7yr daughter to death
he had duty to feed her
Key case for creating a dangerous sitautumn? (Showing omission)
Miller
D failed to take reasonable steps to deal with fire he started
owed duty to call fire brigade
What happens if discontinuing to treat a patient is in their best interest?
It is not omission so doesn’t form AR
airedale NHS trust V Bland
Key case doctors and omission?
Aridale NHS trust V bland
3 parts of causation? 
factual
legal
no intervening act which broke the chain
what Test is used to determine factual causation?
But for
Key cases in factual causation?
Pagett
D used gf as shield and fired at police
she wouldn’t have died but for Ds actions. White. D was acquitted cause he tried to poison mother she already dead of heart attack
Is factual causation enough for criminal liability on its own?
NO
key rule for legal causation?
Ds conduct doesn’t need to be the only cause of the consequence
Ds contribution must be more than minimal
Key cases for legal causation?
Benge
foreman during work on train track failed to give adequate warning to approaching train driver
fatal crash occoyred
d substantially caused the death
Think skull rule? 
D must take V as they find them Also apples to mental conditions and beliefs
Key case for think skill rule crime?
Blaue
D was held responsible for vs death when the Jehovah’s Witness he stabbed refused blood transfusion
Intervening acts include?
Unforeseeable act of nature
unforeseeable act of third party
vs own subsequent conduct
Intervening act victims own conduct +case?
Was ds conduct within range of responses that could be regarded as reasonable in the circumstances
ROBERTS
Vs reaction to jump from the car was reasonable foreseeable when D made sexual advances towards her (not broken)
When will medical treatment break the chain of causation?
If it is exceptionally bad or that it makes Ds originales acts insignificant
Key case to show medical treatment breaking chain of causation?
Jordan
D was stabbed
wounds were healing but doctors gave him large amount of antibiotics which he was allergic to and died
What is MR?
Guilty mind
Types of MR?
Intention
reckless
nehligence
strict liability
what is direct intent?
result is Ds aim or purpose
Key case to show direct intent?
Mohan
D driven his car straight at police officer with aim of injuring him
What is indirect intent?
Result isn’t ds aim or purpose yet they realise it’s virtually certain to occur
Key case for indirect intent?
Woollin
D threw baby across room
argued he had thrown the baby towards the pram and had no intention to kill him
What is recklessness? 
To prove must show
D is aware of a risk of the consequence happening but deliberately goes ahead anyway.
Key case for recklessness?
R v Cunningham
tore gas’s meter of wall to steal money
gas escaped
seeping into adjoining building
poisoning neighbour
D didn’t realise there was a possibility of this happening
what is negligence MR?
Fails to meet standard of reasonable person
Key case to show negligence MR?
Admomako
anaesthetist took several minuets to notice patients breathing tube had become disconnected
What is Strict liability MR?
No fault offences
What happens in B V DPP?
15yr boy and 13yr girl had oral sex on bus
he beloved she was over 14
D was charged with committing gross indecency
court quashed ads conviction and said MR was needed for this serious offence
What is transferred malice?
D can be guilty if they intend to commit crime against A but actually commit same crime against B
Key case to show transferred malice?
Gnango
passerby was shot in a gang shootout which D had participated. The person who fired the shot was never caught he would have been guilty of murder under public principle of transferred mailce
D was still guilty of the murder of the passer by under joint enterprise
What is a continuing act?
an initial AR and is still on going D forms the MR
Key case to show Continuing act?
Fagan
accidentally drove on officers foot
then found out and refused to move