Concise Criminal Law study guide/revision notes covering all content you would need to achieve a high Distinction grade; I achieved 77% using these notes.
The notes were written using the official ULaw 'points to note' and from workshops/lectures ( materials). They contain all of the important c...
Notes created using ULaw materials for the purpose of assisting existing ULaw GDL students in ULaw GDL exams only. They are
intended to be used as a supplemental tool to aid revision in conjunction with ULaw materials, not as a replacement for them.
1 GENERAL PRINCIPLES
BURDEN OF PROOF
= on the prosecution to prove the D’s guilt beyond reasonable doubt: Woolmington
LIABILITY FOR OMISSION (FAILURE TO ACT)
General rule = There is no liability for failure to act
Exception = A person can be liable for failing to act in the following circumstances:
Special relationship Family ties: Gibbons and Proctor, or
Where D has assumed a responsibility/duty to the victim: Stone & Dobinson
Contractual duty Failure to comply with contractual obligations: Pittwood
Statutory duty Eg failure to stop at a red traffic light is a crime
Dangerous situation D created dangerous situation and failed to remove the danger: Miller
MENS REA
1. Intention → Look at intent before recklessness
Direct Intent D’s primary purpose is to bring about a particular consequence or aim: Moloney
Indirect Intent Outcome was not D’s main aim, but an unfortunate by-product of his aim
Test: confirmed by Nedrick and refined by Woollin:
• Was the consequence virtually certain to occur from the D’s act?
AND
• Did the D foresee this consequence as virtually certain to occur?
Ulterior intent Where the D intends to produce a consequence that goes beyond the AR of the crime
No MR needed for strict liability offences eg drink driving
If intent cannot be proved, prosecution will turn to recklessness instead
, 2. Recklessness
= Foreseeing a risk resulting of the behaviour and going on, with that foresight and without justification, to
take that risk ie taking an unjustified risk
Cunningham test: Did the D FORESEE a risk (subjective) AND then go on to TAKE IT?
SPECIFIC AND BASIC INTENT CRIMES
Specific intent = Crimes where intention alone (not recklessness) make out MR eg murder
Basic intent = Crimes where EITHER intention or recklessness make out MR eg criminal damage
COINCIDENCE OF AR AND MR
General rule = AR and MR must coincide in time for a D to be criminally liable
Exception = D may be guilty where AR and MR do not precisely match up in time in cases where the D has
carried out a SERIES OF ACTS and from the outset appears involved in criminal activity: Le Brun
DOCTRINE OF TRANSFERRED MALICE
If D has malice to commit crime against 1 victim/property, this MR transfers to any unintended victim: Latimer
Eg if you intend to kill person A but accidentally kill person B, the malice transfers
→ principle only works if AR committed is of the same crime type as D originally had in mind: Pembliton
VOLUNTARY ACTS
Conduct of D must be voluntary instead of a reflex action or an act over which one has no control
Liability will only accrue where the conduct is willed
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