Why is a car crash due to a heart attack not a criminal act?
Due to the requirement of VOLUNTARINESS OF ACTION as a conduct element in crim liability.
In this case D did not chose to have a heart attack
What is a state of AUTOMATISM?
Where D has NO CONTROL over what they doing
What are the 3 exceptions to the usual rule that ARs require an act?
- Situational Crimes
- Crimes of possession
- Crimes of omission
What is a statutory crime of omission?
Failure to act as the law requires.
- ie not wearing a seat belt or not filing a tax return
What is situational liability?
Being in a prohibited situation
Prob: no wrongdoing required - could be holding a taser believed to be a torch
What is the problem with crimes of possession?
No requirement to be voluntarily in possession - inconsistent with the act requirement
What is a conduct crime?
- Does not require proof of harm
- Only requires some proof of wrongful conduct
- ie dangerous driving
What is a result crime?
- Requires wrongful conduct
- Requires harm
- ie. death by dangerous driving
What are the terms: “assignable”, “attributal”, “proximate”, “blamable” and “imputable” all legal synonyms for?
Causation - “causing”
In what case did a soldier get in a fight in a barracks and stabbed another soldier who subsequently died after being dropped by medics?
SMITH 1959
- Treatment was also wrong as failed to diagnose that lung was punctured.
- Lost appeal that medical treatment caused death.
What is the “Eggshell Skull Rule”?
D’s causal responsibility for resultant harm is not deflected if V has a condition which renders them esp likely to suffer injury or die
What is the name for an act or event that breaks the causal connection between a wrong or crime committed by the defendant and subsequent happenings?
Novus actus interveniens
What is a good source of whether D’s act killed V?
The cause of death in the autopsy report
In what case was D cleared of murdering V who he had stabbed but subsequently died of pneumonia?
JORDAN 1956
- in hospital V given antibiotics despite showing allergic reaction to them
- Died of pneumonia 8 days later
- Was showing signs of recovery of original wounds at time of death
What is a crime of basic intent?
Where D does not have to have foreseen any consequence, or harm, beyond that laid down in the definition of the AR.
What is the MR in a crime of basic intent?
Intention or Recklessness and does not exceed the AR
What was the legal significance of HYAM 1975
Someone who courts the risk of a consequence occurring is as blameworthy as a person who intends a consequence
What was the consequence of WOOLLIN 1999
Where charge is murder and in the rare cases where the simple direction [intent to kill or cause GBH] is not enough, the jury should be directed that they are not entitled to find the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty
Should motive be taken into account in deciding if intention is present or not?
No
What does Woollin suggest about foresight of anything which is less than a virtual certainty?
Cannot be INTENTION but can only be RECKLESSNESS
What is Duff’s test on intention?
Whether actor would consider his actions as a failure if “if the consequence did not result.”
