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not a substantial and operating cause of the consequence (Jordan). The effect
of this is that the defendant will not be guilty. The victims own act, the act of
another and an unforeseeable event can constitute an intervening act to break
the chain, but will not always do so where the defendants conduct was still
the substantial cause. In Dear, the victim committed suicide following the
defendants attack however, the chain was not broken by the victims own act
because the attack was a substantial cause of the suicide.
In Roberts and Williams the victims both jumped from a moving car,
sustaining injuries. In Roberts the chain was not broken as she jumped for her
safety, which was reasonable and foreseeable. However, in Williams the chain
was broken as it was not reasonable or foreseeable to jump to protect
property.
Jordan illustrates that an act of a third party may break the chain, where the
defendant was given drugs he was allergic to however, medical treatment will
rarely break the chain as illustrated in Malcherek v Steel Cheshire and Smith.
In Smith a series of medical mistakes were made, however the chain was not
broken as the defendants act was still a substantial cause of death unlike in
Jordan.
Define the mens rea of a crime (7 marks)
The mens rea is the guilty mind, or the mental element of a crime. There are
two types of mens rea, which are: intention and recklessness. There are two
types of intention, direct and indirect (oblique). Direct intention can be found if
the jury decide that the defendant has done all in their power to bring about
the consequence as held in Mohan. Indirect intent can be found where the
jury decide that the consequences were virtually certain and that the
defendant knew this when committing the act as held in Woollin. An illustration
of this is the case of Matthews and Alleyne where the defendants knew that
the victim could not swim, but threw him into water anyway. This satisfied the
Woollin test for indirect intent.
The test for recklessness comes from the case of Cunningham, in this case
the defendant ripped a gas meter from a wall, it was found that he was not
reckless because he did not foresee the risk of poisoning from his act. The
test for recklessness is did the defendant foresee the risk and go on to take it.
The mens rea can be transferred from one victim to another as illustrated in
Mitchell. In this case the defendant pushed someone who fell into the victim.
His malice was transferred from the person he pushed to the victim.
Explain using cases, the meaning of strict liability (7 marks)
A strict liability offence is one which requires no mens rea, therefore
committing the actus reus is enough for the defendant to be convicted of an
offence.
Most offences are not strict liability, in fact according to Gammon v AG for
Hong Kong unless Parliament says that the offence does not require mens
rea there is a presumption that it does, as illustrated in the case of Sweet v
Parsley. Furthermore strict liability offences should not be truly criminal
offences such as murder, rape or GBH.
Examples of strict liability cases include food safety as recognised in
Smedleys v Breed where a caterpillar was found in a tin of peas, the
manufacturer was found guilty although their was no mens rea. Another
example is broadcasting without a licence, as illustrating in Blake. IN Shah v
Harrow LBC the defendant was guilty of selling lottery tickets to someone
underage, although they had no mens rea and Alphacell v Woodward
illustrates that pollution is a strict liability offence, even where reasonable care
is taken.
Although unfair, the reasons for having strict liability offences are that they
save court time and money and strict liability offences such as speeding
protect the public.
Absolute liability offences are harsher and used to protect the public, for these
no mens rea is required and the actus reus does not need to be committed
voluntarily as illustrated in Winzar where the defendant was charged for being
drunk on a public highway after being taken and left there by the police.