Criminal Concepts Flashcards
What is the actus reus?
The external, observable part of a crime; comprising the accused’s conduct, the circumstances of the crime, and the result.
What is the mens rea?
The mental element of the crime. An accused must have a corresponding mens rea for every element of their actus reus.
What is recklessness in the context of criminal law?
i) The accused took a risk ii) The risk is unjustified iii) They were aware they were taking a risk.
How is criminal recklessness treated in Irish law?
In Irish law recklessness is subjectively assessed. Murray & Anor. (1977) gives the test of whether the accused consciously disregarded or chose to ignore a subsantial and unjustifiable risk.
What are the 4 propositions about intention?
- Intention does not require desire, 2. Intention does not require motive, 3. Intention does not require premeditation, 4. Intention is implied to an aim, intention, or objective.
How do we establish intention without an explicit expression of intention?
i) The recklessness principle: the more reckless X as about causing a result, the more likely they intended to cause that result. ii) The presumption of intention; that X intended the natural and probable consequence of their actions.
What is the “virtual-certainty” test?
In cases where the accused causes a result, but the result is not their purpose, a court or jury may also find that a result is intended, when –
(a) the result is a virtually certain consequence of that act, and
(b) the actor knows that it is a virtually certain consequence.
What is strict liability?
A crime of strict liability is one where either the circumstance or result part of an actus reus (or both) does (do) not require proof of a corresponding mens rea.
What factors are considered in rebutting the presumption of a mens rea to interpret a crime as one of strict liability?
The Object of the Legislation (would strict liability benefit the object of the legislation), the Seriousness of the Offence (More serious, less likely SL), and Legislative Intent (earlier legislation, neighbouring provisions)
What about the coincidence of AR and MR?
If an actus reus consists of a continuing act, it must be proved that the accused had the requisite mens rea at some stage during its continuance - Thabo Meli, Kaitamaki.
What is the doctrine of innocent agency?
If X employs an innocent agent to commit the actus reus of a crime, X, not the innocent agent, is guilty of that crime. An innocent agent is someone who is not guilty of the offence because they: (i) lack the requisite mens rea; (ii) have a defence; or (iii) lack criminal responsibility.
What factors can vitiate consent?
Capacity, Advance Consent, Force, Fraud: identity and nature of consent, Murray J: “Knowledge or understanding of facts material to the act being consented to is necessary for the consent to be voluntary or constitute acquiescence.”
