Crime Flashcards
What is the acteus reus?
A guilty act
What elements need to be proved for ten acteus reus?
It must be a voluntary act
It can not be an omission (unless there is a duty to act)
For evidence look at the victim
What is a conduct crime?
A crime where it is not neccessary to prove any consequences
What is a consequence crime?
A prohibited consequence is caused by the defendant’s conduct
What is a state of affairs?
Where the defendant is responsible. So even just carrying a weapon and not using it is still an offence.
Case stating why the act has to be voluntary ?
Hill v Baxter -
a driver stung by a swarm of bees, or if he was struck over the head by a stone or had a heart attack whilst driving.
This is involuntary so therefore does not have the acteus reus
Exceptions to the rule of an omission can not form the basis of an acteus reus?
5 duty situations
Duty according to contract (employment) - Pittwood forgetting to close the gates
Duty because of relationship (parents) - Gibbins and Proctor failure to feed child
Duty voluntarily undertaken - Gibbins and Proctor duty to look after child but failed
Duty from creation of a dangerous situation - miller accidentally started a fire but failed to get help
Duty because of public office - police officer witnessed violent attack but didn’t intervene
What is mens rea?
Guilty mind
What is direct intent?
D’s aim or purpose was to bring about the result
What case defines intention?
Mohan - intention is a decision to bring about a certain consequence
What is oblique intent?
Case??
D realises that the consequences of his act are virtually certain
Woolin
What is subjective recklessness?
Case??
D realised that there was a risk of the consequence occurring but went ahead with it anyway
Cunningham
What is transferred malice?
Case??
Where the harm intended for one person has landed instead on another, the intention or recklessness can be transferred to an unintended victim.
Latimer
In order for an offence to take place when does the acteus reus and the mens rea have to take place?
At the same time
What is a strict liability offence?
Case??
offences where the mens rea is not required in respect of at least one aspect of the acteus reus
Larsonneur
