Behavioural and Mental Elements

Question 1

What are 3 things the crown must prove during a crime?

Answer 1

Actus reus (behavioural/act)
Men’s Rea (mental element)
Causation

Question 2

For the actus reus to be proven what is needed?

Answer 2

The act/behaviour must be voluntary

Question 3

What instances is the actus reus void, and name some instances?

Answer 3

Weather/environment: Hogg v Macpherson 1928
Act of another person: HMA v Mitchell 1956
Reflex action: Jessop v Johnston 1991

Question 4

Which involuntary acts can you be convicted for?

Answer 4

Falling Asleep: particularly whilst driving Alexander v Dunn 2016
Becoming unconscious: Stewart v Payne and Clarke 2017

Question 5

Although under Scots law it’s not ones duty to prevent crime but under what circumstances is one liable?

Answer 5

Statutory duties: Road Traffic Act 1988 s7(1)
Special relationships: Bone v HMA 2006
Contractual or voluntary duties: R v Instan 1893

Question 6

Give examples of prior dangerous acts

Answer 6

HMA v PcPhee 1935
McPhail v Clark 1982
McCue v Currie 2004

Question 7

In causation what does the crown need to prove?

Answer 7

Direct link between accused conduct and the crime including the result / direct link between accused conduct and the crime

Question 8

What is the ‘eggshell skull’ rule?

Answer 8

Where a weak person is entitled to the protection of law like the old or a baby. Can’t say it wouldn’t have hurt a healthy person.

Bird v HMA 1952

Question 9

Novus actus intervenes

Answer 9

New act intervening between accused cat and the crime

Was it foreseeable

Question 10

What’s malregimen

Answer 10

Poor medical care, is the cause of death due to the stabbing or the the bad medical care given to the patient. If the stabbing was not fatal to the victim but becomes fatal due to malregimen the accused may not be convicted of the offence.

Question 11

What are the 3 forms of men’s rea?

Answer 11

Intention
Recklessness
Knowledge