1): Actus Reus and Mens Rea Flashcards
(11 cards)
What is Actus Reus?
Guilty conduct.
Must be voluntary and can be an act, omission or state of affairs.
When does omission = Actus Reus?
Only when there’s a duty to act:
Statutory duty
Contractual duty
Assumption of responsibility
Creation of dangerous situation
Special relationship (e.g. parent/child)
What is causation in criminal law?
It links D’s conduct to the result. Includes:
Factual causation: “But for” test.
Legal causation: D’s conduct must be more than a minimal cause.
What breaks the chain of causation?
A novus actus interveniens (new intervening act), e.g.:
Victim’s own act (if unreasonable or unforeseeable)
3rd party actions
Natural event
What is the Thin Skull Rule?
D must take V as they find them — physical/mental vulnerability doesn’t break causation.
What is Mens Rea?
Guilty state of mind. Can be:
Intention
Recklessness
Negligence
Strict liability (no mens rea required)
What is direct intention?
D has a specific aim, purpose or desire to bring about the result
What is indirect (oblique) intention?
D didn’t desire the result but knew it was virtually certain.
Jury must find that D:
a) Knew the consequence was a virtual certainty
b) Appreciated the risk (e.g., Woollin test)
What is recklessness?
D foresaw the risk and went on to take it anyway.
Subjective recklessness is the standard (e.g., Cunningham).
Confirmed in R v G: D must have personally foreseen the risk.
What is criminal negligence?
D’s conduct falls below the standard of a reasonable person.
D fails to foresee a risk they should have seen and takes no or inadequate steps to prevent harm.
Common in gross negligence manslaughter.
What are strict liability offences?
No need to prove Mens Rea for some/all elements.
Usually regulatory (e.g., health & safety, food hygiene).
D can be guilty even if they had no fault or awareness.
