Core principles of criminal liability Flashcards
(23 cards)
What are the two key elements required to establish criminal liability in most offences?
The two key elements are Actus Reus (the criminal act) and Mens Rea (the guilty mind or mental intent).
What does “Actus Reus” refer to in criminal law?
Actus Reus refers to the external, physical element of the crime — the act or omission that constitutes the criminal offence.
What does “Mens Rea” mean and why is it important in criminal cases?
Mens Rea is Latin for “guilty mind” and represents the mental state or intention required to commit a criminal offence. It distinguishes accidental acts from deliberate ones.
: What kind of offences do not require proof of Mens Rea?
Strict liability offences do not require proof of intention or knowledge; liability arises simply from committing the prohibited act.
Why is the distinction between Actus Reus and Mens Rea important in legal analysis?
It allows the court to assess both the defendant’s actions and their state of mind to determine criminal responsibility.
Can someone be convicted of a crime without Mens Rea?
Yes, but only for strict liability offences, where committing the act alone is sufficient to establish guilt regardless of intent or knowledge.
Who is considered the Principal in a criminal offence?
The Principal is the person who physically commits the substantive offence, such as directly engaging in the act that constitutes the crime.
What is a Secondary Party in a criminal offence?
A Secondary Party, also called an accomplice or accessory, is someone who encourages, assists, or enables the commission of a crime without directly committing the core act.
Can multiple people be Principals in a single offence?
Yes, if two or more people jointly commit the offence (e.g., both entering a building to carry out a burglary), they are Joint Principals.
What key legal test determines if someone is a Secondary Party?
The test is whether the individual participated in the crime — either by aiding, abetting, counselling, or procuring its commission.
What forms can participation in a crime take for Secondary Liability?
Participation can include express or implied agreement, providing tools or information, or even mere supportive presence during the crime.
What mental element must be present for someone to be criminally liable as a Secondary Party?
The person must have foreseen the possibility that the crime would occur, even if they did not directly intend or commit the act.
Can someone be guilty of a more serious crime than they originally intended to assist?
Yes, if they foresaw that the more serious crime might occur during the course of the original plan.
What happens if an accomplice foresees a weapon might be used but continues with the plan?
They may be held liable for a more serious offence, such as robbery or even homicide, depending on what they foresaw and still chose to support.
What is an “overwhelming supervening act” and how does it affect liability?
It refers to an unexpected, unforeseeable action by the Principal (e.g., sudden, extreme violence) that breaks the link of participation, absolving the accomplice of liability for that act.
If a Secondary Party is unaware of a major escalation during the offence, are they liable?
Not usually — if they could not have foreseen the escalation (e.g., the use of a firearm), they are not liable for the resulting serious offence.
How can someone withdraw from being an accomplice to a crime?
By clearly distancing themselves from the plan before the crime occurs (e.g., leaving the scene or cutting off communication), the earlier encouragement or assistance is considered “spent.”
What is an inchoate offence in criminal law?
An inchoate offence refers to a crime that is incomplete, such as an attempt to commit a full offence. A person may be guilty even if the intended crime was not completed.
When is a person guilty of an attempted offence?
A person is guilty of an attempted offence if they perform an act that goes beyond mere preparation and do so with the intention of committing the full offence.
What legal test is used to determine whether an act is an attempt?
The act must be “more than merely preparatory” and mark the point where the individual begins to carry out the actual offence, not just planning or equipping for it.
Can possessing a tool for a future crime amount to an attempt?
No. Merely obtaining an item or making plans for a crime is usually considered preparatory and not sufficient for criminal liability as an attempt.
What kind of actions usually qualify as an attempt?
Actions such as directly approaching or targeting the victim with the intention of committing the crime are likely to be seen as going beyond preparation and amount to an attempt.
What did the case of Qadir and Khan clarify about attempts?
The case clarified that an attempt begins when the individual embarks on the actual commission of the crime, not during the preparatory phase.
