1. Actus Reus
   1. 'A positive voluntary guilty act'
   2. Involuntary Acts
      1. These do not form the Actus Reus of a crime
      2. Hill v Baxter
         1. Heart attack caused car accident
      3. Leciester v Pearson
         1. D hit V at a zebra crossing
         2. But D was hit from behind - involuntary act
   3. Omissions
      1. A failure to act (when a duty of care is owed)
      2. Contractual Obligation
         1. Pittwood
         2. Hired to close level crossing, did not, V died
      3. Public Office
         1. Dytham
         2. Uniformed officer failed to stop V being kicked to death
      4. Act of Parliament
         1. Children & Young Persons Act 1933
         2. (Following from) Gibbons & Proctor
      5. Damage Caused
         1. Miller
         2. D caused fire, realised this but did nothing to stop it
      6. Assumed Duty
         1. Stone & Dobinson
         2. DD looked after D1's sister who became ill, failed to call for medical help
   4. Factual Causation
      1. 'But For' Test
         1. Except for the actions of D, would the victim still have been harmed?
         2. No = D is liable
      2. White
         1. D poisoned his mother's drink with cyannide, intended to kill her
         2. V died of a heart attack before she could drink
      3. Pagett
         1. D used girlfriend as a shield while shooting police
         2. Police shot back & killed D's girlfriend
         3. 'but for' D's acts, the polcie would not have shot and the girl would not have died
   5. Legal Causation
      1. Operating & Substantial
         1. The act of D must be the operating and substantial cause of V's harm
         2. Jordan
            1. V recovering from stab wounds, allergic reaction to antibiotics & given fluid overdose
            2. Medical care of V was palpably wrong so D no longer liable for death
         3. Smith
            1. Army barracks fight, D stabbed V. V dropped on way to hospital
            2. Despite poor medical care, D still liable for death
         4. Cheshire
            1. D shot V who was taken to hospital
            2. V underwent surger but developed breathing problems and died later
            3. D still liable for death
      2. Novus Actus Interveniens
         1. An intervening act can break the chain of causation
         2. Acts of Victim
            1. No break in the chain if V's act is reasonable & foreseeable
            2. Roberts
            3. V was picked up after a party by D
            4. D made advances on V so V jumped out of the car
            5. Williams & Davis
            6. V was a hitchhikder picked up by DD
            7. V jumped out of the car for fear of being robbed, hit his head & died
            8. DD not liable, V's act was not reasonable
         3. Acts of 3rd Party
            1. Malcherek
            2. Doctors swicthing off life support machine does NOT break the chain
            3. A person is legally dead when they are brain dead
            4. Pagett
            5. Police would not have fired back if D did not use her as a shield
      3. Thin Skull Rule
         1. 'Take your victim as you find them'
         2. Blaue
            1. D stabbed V because she refused to have sex with him
            2. V was a Jehova's Witness and refused a life-saving blood transfusion
            3. D liable for the death (manslaughter on diminished responsibility)
         3. Watson
            1. D broke into house of an old man, V
            2. V suffered a heart attack after shouting at D, who ran off
            3. D not liable as the cause of heart attack could not be established,
            4. But it was noted that a reasonable person would have known the added danger of the act
2. Mens Rea
   1. Intention
      1. Direct Intention
         1. "A decision to bring about, so far as it lies in the defendant’s powers, the criminal consequence, no matter whether the defendant desired that consequence of his act or not"
         2. Mohan
            1. D responded to a PC's request to stop his car
            2. Then D drove at the PC, missing him
            3. D guilty of intent to cause bodily harm
      2. Indirect Intention
         1. "The jury in a criminal trial must have a clear direction from the judge as to how they should decide whether the defendant had the necessary intention."
         2. Woollin
            1. D threw 3-month baby on a hard surface
            2. D claimed to have intended to throw the baby into a pram, because the baby was annoying him
            3. Conviction deemed unsafe because the judge incorrectly guided to judge to look at recklessness
         3. Virtual Certainty Test
            1. Is the consequence a virtually certain result of the act?
            2. Does the defendant know that this is a virtually certain consequence?
            3. Matthews & Alleyne
            4. 4 men attacked an A-Level student, throwing him into a river
            5. V claimed he could not swim but the attackers left him
            6. V died and Ds were liable for manslaughter
   2. Recklessness
      1. Subjective Recklessness
         1. "When the defendant knows there is a risk of the criminal consequence and is willing to take it, and takes it deliberately"
         2. Difficult to establish this
         3. “Being reckless as to whether such harm should occur or not (that is the accused has foreseen that the particular kind of harm might be done, and yet has gone on to take the risk of it). It is neither limited to, nor does it indeed require, any ill-will towards the person injured.”
         4. Cunningham
3. Contemporaneity Rule, Transferred Malice & Strict Liability
   1. Coincidence of AR & MR (CR)
   2. Transferred Malice
   3. Strict Liability
4. Non-Fatal Offences
   1. GBH with Intent
      1. Section 18 - OAPA 1861
      2. AR: GBH means 'serious harm' causing permanent or long term damage that requires extensive treatment
      3. MR: Intent to do the full degree of harm or intent to resist arrest
   2. GBH without Intent
      1. Section 20 - OAPA 1861
      2. AR: GBH means 'serious harm' causing permanent or long term damage that requires extensive treatment
      3. OTH: 'MW' - Piercing all layers of the skin
      4. MR: Intent or recklessness to cause some harm, or reckless to the full degree of harm
      5. Examples
         1. R v Smith
         2. R v Ireland
         3. R v Dica
         4. R v Bollom
         5. R v Brown & Stratton
         6. R v Eisenhower
   3. Assault occasioning ABH
      1. Section 47 - OAPA 1861
      2. AR: Assault or Battery causing some harm calculated to interfere with health or comfort, but not so trivial as to be wholly insignificant
      3. MR: Only requires the MR from Assault or Battery - no additional Mens Rea required
      4. Examples
         1. R v Miller
         2. R v Chan Fook
         3. R v Savage
         4. R v Roberts
   4. Common Assault
      1. Assault
         1. Common Law
         2. AR: Words or acts that put V in fear of immediate physical harm
         3. MR: Intention to do this, or subjective recklessness
         4. Examples
            1. R v Constanza
            2. Tuberville v Savage
            3. R v Logdon
            4. R v Wilson
            5. Woking v Smith
      2. Battery
         1. Common law
         2. AR: Application of force without V's consent
         3. MR: Intention to do this, or subjective recklessness
         4. Examples
            1. R v Thomas
            2. DPP v K
   5. Procedure & Sentencing
      1. Offence Types & Sentencing
         1. Indictable Offences
            1. GBH with Intent
            2. Life Imprisonment
         2. Either-Way (OTEW)
            1. Actual Bodily Harm & GBH Without Intent
            2. 5 Years Imprisonment
         3. Summary Offences
            1. Assault & Battery
            2. 6 Months Imprisonment
            3. OR - Level 5 Fine
            4. Criminal Justice Act 1988
      2. The Courts
         1. Magistrates
            1. Indictable
            2. Bail / Remand
            3. Legal Aid
            4. Committal to Crown Court
            5. OTEW
            6. Bail / Remand
            7. Legal Aid
            8. Early Admin Hearings
            9. Plea
            10. Trial or committal to Crown Court
            11. Summary
            12. Bail / Remand
            13. Legal Aid
            14. Early Admin Hearings
            15. Plea
            16. Committal for trial
            17. Trial - verdict & sentence determined by Magistrates
         2. Crown Court
            1. Summary
            2. Appeal against sentence or conviction on a point of fact
            3. OTEW
            4. Possible trial
            5. Appeal as summary
            6. Indictable
            7. Plea & Case Management
            8. Trial - verdict determined by jury, sentence by a judge