Criminal Law Flashcards
(15 cards)
Criminal liability is based upon…
A combination of actions (actus reus) and thoughts (mens rea)
What is the actus reus?
The criminal act itself (e.g. criminal damage)
What is the mens rea?
The guilty mind (e.g. intention or recklessness to damage something)
What is the mens rea of murder?
The mens rea of murder is intention to kill or cause GBH (grievous bodily harm)
Fagan v. Metropolitan Police Commissioner [1969] Concerning: coinsidence of actus reus and mens rea
The defendant accidentally stopped his car on a policeman’s foot but then refused to move when he realised this. He appealed against his conviction for assaulting a police officer in the execution of his duty on the basis that at the time of the actus reus (when the car made contact with the policeman’s foot) he had no mens rea (because it was accidental) and by the time he formed mens rea (refusing to move) there was no act upon which to base liability (he merely refused to undo that which he had already done)
Strict liability defences do not require…
mens rea in relation to all parts of the actus reus. This means that a defendant can be convicted even if he was unaware of essential matters relevant to the offence. (E.g. a defendant can be convicted of driving whilst disqualified even if he believes this disqualification period has ended)
What is a defence?
A defence is where the defendant is able to avoid criminal liability even if the actus reus and the mens rea have been established.
What four categories of defences are there?
- General (available for any offence)
- Particular (limited to specific offences)
- Complete (results in acquittal)
- Partial (results in reduction of liability)
What does the actus reus cover?
Everything apart from the defendant’s state of mind.
What are result crimes?
Result crimes are those in which the actus reus is defined in terms of prohibited consequences irrespective of how these are brought about, e.g. causing death (murder)
What are conduct crimes?
Conduct crimes are those in which the actus reus is concerned with prohibited behaviour regardless of its consequences, e.g. driving whilst disqualified.
What is state of affairs?
A situation in which the defendant is found irrespective of how he came to be in it, e.g. possession of controlled drugs
What is the chain of causation?
This provides a link between the initial act of the defendant (which need not be unlawful) and the prohibited consequence that has occurred. This is why it forms part of the actus reus: it is not enough that the prohibited consequence has occurred, it must be caused by the defendant.
What is fatal causation?
The defendants act must be a sine qua non of the prohibited consequence. This means that the consequence would not have occurred without the defendants actions. Factual causation is established using the ‘but for’ test.
R v. White [1910]
The defendant wanted to kill his mother. He poisoned her drink but she died of natural causes before the poison took effect.
