Elements of a Crime Flashcards
1
Q
What does actus reus mean?
A
The Guilty Act/The physical elements
2
Q
What is the conduct of actus reus?
A
- Conduct requires a particular behaviour even if the outcome is insignificant
- The defendant must do something or fail to do something
- The actus reus is not complete without the consequence
- It can be a voluntary action, conduct, omission or state of affairs
3
Q
What is a state of affairs?
A
- The actus reus can be a state of affairs rather than an action
- This is when a defendant is found in a particular circumstance at a particular time
- This is an exception to the voluntary principle of actus reus
4
Q
What is a voluntary act?
A
- The defendant must have committed the act or omission voluntarily
- Criminal Law is concerned with fault so if it is done involuntarily then they are not guilty
- Seen in R v Mitchell
5
Q
What is an involuntary act?
A
- The defendant has not entered the situation voluntarily or committed the actus reus voluntarily
6
Q
What is the Good Samaritan law?
A
- Some countries have this law to make people responsible for helping in emergency situations
- However this does not determine who has to help and if there is multiple passer by’s
7
Q
What is an omission?
A
- An omission is a failure to act
- It does not normally result in criminal liability if they failed to act however there are some exceptions
8
Q
What are exceptions to omission?
A
- There is a duty created by statute = There is a statute which enforces a duty
- They have a contractual duty to act = This will be shown in a person’s contract and informs whether they have a duty to act when they are on duty
- There is a duty imposed by their official position = A person may be guilty when they wilfully neglected their duty to perform which is misconduct
- They have voluntarily accepted responsibility for another = They have accepted duty of another often imposed by a special relationship
- They have created a dangerous situation = If they have created a dangerous situation and failed to act
- There is a special relationship = This is created in a parent-child relationship when the parent has a duty of care for their children
9
Q
What is strict liability?
A
- Only the AR needs to be proved for liability
- Liability is imposed without fault on the defendant
- This helps cover smaller crimes
- Absolute Liability also needs proof of AR but they are not concerned whether it was voluntary
10
Q
What is absolute liability?
A
- There needs to be proof of actus reus but they are not concerned with whether the AR was voluntary
- Seen in R v Larsonneur
11
Q
What are the thirteen key cases of actus reus?
A
- Woolmington v DPP (1935)
- R v Mitchel (1983)
- R v Larsonneur (1933)
- Pittwood (1902)
- Khan (1988)
- Gibbins and Proctor (1918)
- Stone and Dobinson (1977)
- R v Evans (2009)
- Dytham (1979)
- Miller (1983)
- Santana-Bermudez (2003)
- Airedale NHS Trust v Bland (1993)
- Lowe (1973)
12
Q
What is the Mens Rea?
A
- The Guilty Mind/Mental Elements
13
Q
What are the two types of mens rea?
A
- Intention
- Recklessness
14
Q
What is intention?
A
- Intention is always subjective, the court must believe that the defendant desired the specific consequences of their actions which is specific intent
15
Q
What is direct intention?
A
- Direct intention is when a defendant wants a result and carries out an act to achieve it
16
Q
What is oblique intention?
A
- Oblique intention is when the defendant intends one thing but another things happen
- The question around oblique intent is whether the defendant foresaw the consequences of his action
- If the defendant does not want the result but realizes that his actions make the outcome is virtually certain, then they can find intention
17
Q
What is the test for oblique intention?
A
- The test for oblique intent is to see how probable the consequence was from the voluntary act and whether the defendant foresaw that consequence
18
Q
Who decides intention?
A
- The jury must decide whether oblique intention exists
- It is subject to what the defendant knew of foresaw at the time of the crime
- However the jury can decide whether harm was virtually certain and the defendant appreciated this
19
Q
What is recklessness?
A
- A situation where the defendant knows that there is a risk that his actions will lead to harm but takes the risk regardless
- This is a lower form of mens rea
- The accused has foreseen that the particular kind of harm might be done and yet has took the risk
- Cunningham led to the Cunningham Recklessness which means it is subjective based on what the defendant actually realized or foresaw was a risk at the time, and not what they should have ought to have seen
- Personal characteristics of the defendant should be taken into account
20
Q
When does a person act recklessly?
A
- They are aware of the risk that exists or will exist
- Is aware the risk will occur and is unreasonable to take that risk
21
Q
What does maliciously mean?
A
- Maliciously means intentionally or recklessly
22
Q
What is transferred malice?
A
- If a defendant attempts to commit a crime against one person but in doing so commits a similar offence against someone else, they will be criminally liable against the actual victim
- The concept of transferred malice will only apply if the two offences are similar
23
Q
What is the coincidence of AR and MR?
A
- AR and MR must be present simultaneously
- However in some circumstances this can be difficult
- A continuing act may mean the actus reus is ongoing the defendant has the necessary mens rea, then the elements do coincide
24
Q
What are the twelve key cases for Mens Rea?
A
- Nedrick (1986)
- Woolin (1998)
- Matthews and Alleyne (2003)
- Cunningham (1957)
- Stephenson (1979)
- Caldwell (1982)
- Latimer (1886)
- Pembilton (1874)
- Thabo Meli (1954)
- Church (1965)
- Fagan v Metropolitan Police
- Commissioner (1986)
25
What is causation?
- There is factual and legal causation to show the defendant is criminally liable
26
What are the two parts of factual causation?
1. But For Test
2. De minimis rule
27
What is the but for test?
- But for the conduct of the defendant, would the victim of died as and when they did
28
What is the de minimis rule?
- This test requires the original injury caused by the defendants action to be more than a minimal cause of death
- The act must be the main cause of death
29
What are the three parts of legal causation?
1. Substantial cause of death
2. Thin Skull Rule
3. Novus actus interveniens
30
What is the thin skull rule?
- You must take your victim as you find them
- Even if they die of something unexpected, they may still be liable for their death
- This must consider pre-existing conditions
31
What is a Novus actus interveniens?
- Is there a new intervening act which breaks the chain of causation
- This act must be unforeseeable and random
- A victim can break their own chain if there act was extremely unforeseeable
- It could also be an act of a third party
- It could also be a natural or unpredictable event
32
What are the seven key cases of causation?
1. R v White (1910)
2. R v Pagett (1983)
3. R v Kimsey (1996)
4. R v Blaue (1975)
5. R v Smith (1959)
6. R v Roberts (1959)
7. R v Williams (1992)
33
What is a crime?
34
What is the role of the state?
35
What is the role of judges?
