Actus Reus/Mens Rea

Question 1

How can Murder/Theft/Rape be committed?- type mens rea

Answer 1

can only be committed, if the defendant performs the actus reus of the offence- intentionally

Question 2

Types of Mens Rea

Answer 2

Intention/Recklessness/Gross Negligence/Dishonesty/Knowledge

Question 3

General Rule- AR- case law- acts v omissions

Answer 3

Actus Reus elements of an offence must be voluntary- AG No.2 [1994]

Question 4

What are the exceptions to the general rule of AR? (omissions)- refer to case law

Answer 4

-Special Relationship- Smith 1979
-Voluntary Assumption of Responsibility- Airedale NHS Trust v Bland 1993
-Contractual Duty- Pittywood 1902
-Dangerous Situation- Miller 1983 (drug cases- Evans)
-Statutory Duty- Road Traffic Act Section 6 and 170

Question 5

Elements of AR- Test for factual causation + case

Answer 5

But For Test- White 1910

Question 6

Elements of AR- Test for Legal Causation + case

Answer 6

operating and substantial cause- Smith 1959
significant cause- Pagett 1983
more than de minimis cause- Kimsey 1996

Question 7

Elements of AR- Causation- Examples of Intervening Acts

Answer 7

Self-neglect/natural unforeseeable events/negligent medical treatment- unless causing death

Question 8

Mens Rea- Intention (2 types) (case law)

Answer 8

Direct Intent- Hayes v Willoughly 2013
Oblique Intent- virtually certain- test in Woolin 1999/ Nedrick 1986

Question 9

What’s the development of the Oblique Intent Test- case law

Answer 9

DPP v Smith 1961, overruled by s8 CJA 1967…. then Nedrick/Woolin- the shift from highly probable to virtual certainty

Question 10

Mens Rea of Recklessness- test/ case law

Answer 10

Subjective test from R v Cunningham 1957- re-instated in G and Another 2003

Question 11

Evolution of Recklessness Test

Answer 11

Caldwell 1982- objective test- reasonable bystander’s perception; then went back to Cunningham

Question 12

What is the issue with the objective recklessness test? (or issues)- give cases

Answer 12

Elliott 1981-young people/children
Stephenson 1979- mental illness/disability

Question 13

Mens Rea- Negligence (Gross)- test + case law

Answer 13

Andrews v DPP 1937, applied in R v Adomako 1995- ‘negligence so bad’

Question 14

What is the principle of coincidence? (in relation to being convicted of a criminal offence)

Answer 14

the actus reus and mens rea must overlap

Question 15

What are the exceptions to the principle of coincidence?- describe and give cases

Answer 15

-The Doctrine of Transferred Malice- D aims to harm A, but misses and harms B- R v Latimer 1886 and R v Mitchell 1983
-The Continuing Act Approach- Fagan v MPC 1969- D drove over policeman’s foot, refused to move, when asked
-The Single Transaction Approach- Thabo-Meli 1954- several actions that amount to the offence- planning to kill some one + beating him up

Question 16

When does the doctrine of transferred malice NOT apply?

Answer 16

a.-When offence intended and offence performed are not the same- Pembliton 1874
b.-When there is a double transfer of transaction- AG’s Reference No.2 1994