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law revision paper 1, advice in civil cases, advice in criminal cases -…

- - - - quickest
      - cheapest
      - can be done through lawyers
    - - neutral mediator
    - - mediation but with a proactive third party
      - can withdraw from proccess at any time
- - - - help lines : Civil legal aid
        
        housing
        
        domestic abuse
        
        family issues
        
        disability aid needs
        
        discrimination
        
        debt
      - The Legal Aid Agency has contracts with law firms and not-for-profit organisations such as some Citizens Advice offices. Under these contracts they can give free advice to people on lower incomes. However, the income limits are very low. No one who is above the limits can use any of these services.
      - anyone held as a suspect has the right to free legal advice
      - there is a duty solicitor available 24/7. there is no means test
    - - criteria for civil legal aid
        
        laspo 2012
      - availability of legal aid
- - - - A direct or indirect act or omission which causes V’s injury
      - Specific intention to cause grievous bodily harmORSpecific intention to resist or prevent arrest plus recklessness as to causing injury: Morrison (1989)
    - - Intention or subjective recklessness as to causing some injury (though not serious): Parmenter (1991)
- - - - conduct crimes are those where the actus reus is the prohibited conduct itself. such as drink driving, no outcome is required
      - consequence crimes are when the actus reus must also result in a consequence. such as abh, there must be the consequence of actual bodily harm
    - - act or omission must be voluntary. Hill v Baxter- cannot be driving voluntarily if having a heart attack
      - R v Mitchell, D pushed T who fell into V, V died, D was liable not T
      - omissions are not enough to be actus reus for strangers but there are exceptions
        
        statutory duty
        
        failing to stop and report a road accident
        
        failing to care for a child under D's care
        
        allowing the death of a child or vulnerable adult (applies to those living in the same household who do not take reasonable steps to protect the victim)
        
        contractual duty
        
        R v Pittwood, crossing guard didn't close the gate onto the railway leading to a death
        
        lifeguard leaving their post
        
        duty because of relationship
        
        parent caring for child has a duty to care for them R v Gibbins and Proctor
        
        can be a child caring for an elderly parent
        
        duty which has been taken on voluntarily
        
        R v Stone and Dobinson, duty of care to mentally ill sister they had chosen to look after
        
        duty through official position
        
        R v Dytham on duty cop didn't intervene in a fight, had a duty to as part of his job
        
        duty which arises because the defendant has caused the situation
        
        R v Miller, squatter convicted after accidentally alighting mattress but instead of putting the fire out he went to sleep again in another room
        
        DPP v Santana-Bermudez. policewoman injured during pocket search after D lied and said he had no sharp objects on him
        
        R v Evans half -sister convicted of manslaughter for supplying heroin to V and not helping her during OD
    - - factual causation
        
        'but for' test from R v Pagett
      - legal causation
        
        'de minimus' more than a slight or trifling link R v Kimsey
      - thin-skull rule victim must be taken as found. D still liable even if V is abnormally likely to be injured
      - intervening acts
        
        must be no break in the causation
        
        medical treatment
        
        R v Smith orginial attacker still liable for murder despite medics severly furthering injuries by giving cpr on lung stabbing
  - - - specific intent
        
        direct intent
        
        oblique intent Hancock and Shankland
    - - struict liability offences do not require mens rea