Elements of Crimes

Question 1

What are the elements of a crime?

Answer 1

1. Actus reus (a guilty act)
2. Mens rea (a guilty mind)
3. Concurrence in time between the act and mens requisite mens rea; and
4. Causation

Question 2

How is actus reus met?

Answer 2

1. a voluntary act that causes an unlawful result;
2. an omission to act where the defendant is under a legal duty to act; or
3. vicarious liability where the defendant is responsible for the acts of another party.

Question 3

When is there a duty to act?

Answer 3

When the law imposes a duty to act upon a person in the ∆s position

Question 4

Types of legal duties

Answer 4

1. Statutory duty (a law enforcement officer)
2. Legal duty by contract (a life guard)
3. Status relationship (husband/wife; parent/child)
4. Choosing to rescue someone and adandoning the rescue
5. Failing to help after creating the risk of peril (i.e. hit and run)