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Basic LAW2001M Criminal Law Notes
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Basic notes consisting of key legislation, key cases and key explanatory notes from my interpretation.
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LAW2001M Criminal NotesContents
Actus Reus..........................................................................................................................2
Causation...........................................................................................................................2
Mens Rea...........................................................................................................................3
Murder...............................................................................................................................4
Manslaughter.....................................................................................................................5
Mistake, Infancy and Consent.............................................................................................6
Insanity and Intoxication....................................................................................................7
Duress and Necessity..........................................................................................................8
Parties to a Crime...............................................................................................................9
Arrest, Detention and Questioning...................................................................................10
Inchoate Offence..............................................................................................................11
Offences Against the Person.............................................................................................12
Self – Defence...................................................................................................................13
Public Order Offences.......................................................................................................14
Theft.................................................................................................................................16
Fraud and Making Off.......................................................................................................17
Burglary...........................................................................................................................18
Robbery............................................................................................................................18
Criminal Damage..............................................................................................................19
, Actus Reus
Key Legislation
Road Traffic Act 1988 (Duty to report certain road accidents to the
police within 24 hours)
Key Cases
R v Deller 1952 – Sold car and lied that it was free from finance, had
mens rea of crime but not actus reus.
Fagan v Metropolitan police Commissioner 1969 – Accidentally drove
over a police car but then refused to get off, didn’t have mens rea at the
start but covered by continuing act.
R v Miller 1983 – Squatter that fell asleep with a cigarette and started a
fire, failed to put it out and just moved to another room.
Re A (Children) 2001 – Conjoined twins would die if not separated,
doctors have defence of necessity.
R v Gibbins & Proctor 1918 – Starved a child, woman said she just lived
with the father so wasn’t responsible, but the woman had assumed a duty
by moving in.
R v Pittwood 1902 – Employed to mind a gate at a railway but didn’t
keep it shut, and someone walked across and got hit.
Winzar v Chief Constable of Kent 1983 – Drunk guy went to sleep on a
bench at the hospital, police picked him up and took him to the highway
and arrested him for being drunk on the highway.
Key Notes
Actus Reus means a guilty act. (Can also be a failure to act.
Sometimes certain consequences must follow an act.)
4 types of actus reus (An act such as creating danger and failing to
remove it, an omission when someone has a duty of care, consequences
such as could be murder or could be GBH, or certain circumstances need
to be present.)
Duty of care can be a special relationship or duty under a
contract. (Parent & Child, or employment)
Causation
Key Cases
R v White 1910 – Poisoned mother but heart attack caused death and
not defendant’s actions, event would have happened either way.
R v Dyson 1908 – Man beat son which led to traumatic meningitis and
accelerated death, father was more than a minimal cause.
R v Michael 1840 – Servant was told to give medicine to baby that was
poison but didn’t and her son did, he was an innocent agent.
R v Adams 1957 – Gave lethal dose of pain killer to patient that was
terminally ill. The patient was a beneficiary to a lot of patients.
R v Roberts 1972 – Defendant give victim left and made sexual
advances and victim jumped out car, which was a natural consequence of
defendant’s actions.
R v Blaue 1975 – Defendant stabbed victim that refused a blood
transfusion because of religion, victim died and defendant responsible
because of thin skull rule.
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