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CRIMINAL LAW - Coggle Diagram

- - - - Conduct
        
        Conduct itself must be criminal
        
        Perjury
        
        Theft
        
        Rape
        
        Making off without a payment
        
        Possession of drugs or a firearm
      - Result
        
        Must be the result of an act or an omission of the defendant. The conduct itself may not be criminal, but the result of the conduct amount to a crime. Causation must be proven in all these cases
        
        Assault
        
        Battery
        
        ABH
        
        Wounding and GBH
        
        Murder and Manslaughter
        
        Criminal damage
      - State of affairs
        
        Actus reus consists of "being" rather than "doing"
        
        Being a drunk in charge of a vehicle (Duck v Peacock)
        
        Being an illegal alien (R v Larsonnuer)
      - Omission
        
        General rule is that there is no criminal liability in failing to act. However, is subject to exceptions
        
        Statutory duty: Where there is a statutory duty to act (providing details of insurance after a traffic accident)
        
        Contractual duty: Where someone's contract forces them to act (R v Pittwood)
        
        Duty imposed by law: Where a defendant creates a dangerous situation, where there has been a voluntary assumption of responsibilty and misconduct in a public office. Additionally, an omission may be classed as a continuing act
        
        Creating a dangerous situation and failing to put it right (R v Miller)
        
        Assumption of responsibility (R v Stone and Dobinson)
        
        Misconduct in a public office (R v Dytham)
        
        An omission can also be part of a continuing act (Fagan v MPC)
  - - - Requires the highest degree of fault of all levels of the mens rea
      - Intention differs from motive or desire
        
        R v Inglis
      - DIRECT INTENT
        
        Majority of cases. Can be said to exist where the defendant embarks on a course of conduct to bring about a result which in fact occurs
      - OBLIQUE INTENT
        
        More complex. Can be said to exist where a defendant embarks on a course of events to bring about a desired result, knowing that the consequence of his actions would bring about another result.
        
        SUBJECTIVE OR OBJECTIVE TEST
        
        Subjective: concerned with the defendant's perspective. It would concern whether the defendant did foresee the degree of probability of the result
        
        Objective: concerned with the perspective of a reasonable person. Would a reasonable person have foreseen the degree of probability of the result occurring