General Criminal Law Flashcards
(13 cards)
Building Blocks of Criminal Liability
- For a crime to occur, there must generally be:
- Actus Reus (AR) → The physical element of a crime (conduct, circumstances, consequence).
- Mens Rea (MR) → The mental element (fault, intention, recklessness).
- Absence of a Defence → If a valid defence exists, liability may be avoided.
> 📌 In problem questions, assume this as your basic structure when analysing liability.
Actus Reus Conduct
May be positive acts or omissions (but omissions only count if a duty exists).
- Duty situations include:
- Statutory duty
- Contractual duty
- Voluntary assumption of care
- Creation of dangerous situation
📍 R v Gibbins & Proctor → omission where parents starved child.
Actus Reus Circumstances
- Surrounding facts that make the conduct criminal.
> 📍 R v Larsonneur → Defendant involuntarily in UK, strict liability offence (state of affairs crime).
→You need to prove the conduct was voluntary + criminally relevant + occurred in the right circumstances.
Actus Reus Consequences
- Some crimes require prohibited consequence (result crimes)
eg. Murder → death must result.
Must prove causation then
Mens Rea: Criminal Fault
-
Intention
- Direct intention → Defendant desires the result.
- Oblique intention → Defendant foresees result as virtually certain.
> 📍 R v Woollin → Jury may find intent if death/GBH was virtually certain.
-
Recklessness
- Subjective recklessness → aware of risk and unjustifiably takes it.
> 📍 R v Cunningham → subjective recklessness → must foresee the risk.
-
Negligence
- Rare in criminal law (except gross negligence manslaughter).
→ In application: Explain which level of MR is required by the offence + apply to facts (did D intend, was reckless etc.)
Coincidence of AR and MR
General rule → AR and MR must coincide in time.
> 📍 Fagan v MPC → continuing act → MR arose while AR still ongoing.
> 📍 Thabo Meli → single transaction principle → MR at start continues through acts.
> 📍 R v Miller → creating a dangerous situation → omission becomes AR when D fails to act.
→ When facts suggest AR and MR occurred at different times, use these doctrines to argue coincidence.
R v Gibbons and Proctor
→ Topic: Actus Reus (Omission)
→ Context: D and partner starved child to death.
→ Legal Principle: Omission liability — duty arises from special relationship.
→ Golden Nugget: Parent/child → omission is enough for AR where duty exists.
R v Larsonneur
→ Topic: Actus Reus (Conduct + Circumstances)
→ Context: D involuntarily returned to UK → charged for illegal presence.
→ Legal Principle: State of affairs crime — voluntary conduct not required.
→ Golden Nugget: AR can exist through involuntary presence (strict liability offence).
R v Cunningham
→ Topic: Mens Rea
→ Context: D removed gas meter causing gas leak, harming neighbour.
→ Legal Principle: Subjective recklessness — foresaw risk but acted anyway.
→ Golden Nugget: Recklessness requires actual foresight of risk (subjective test).
R v Woolin
→ Topic: Mens Rea
→ Context: D threw baby intending to frighten, baby died.
→ Legal Principle: Oblique intention — virtual certainty + D foresaw result.
→ Golden Nugget: Jury may infer intention when death/serious harm was virtually certain.
R v Thabo Meli
→ Topic: Coincidence of AR and MR
→ Context: D attacked V thinking V was dead, disposed of the body (still alive).
→ Legal Principle: Single transaction doctrine — whole series treated as one act.
→ Golden Nugget: Acts viewed together → MR and AR treated as coinciding.
R v Miller
→ Topic: Coincidence of AR and MR
→ Context: D accidentally started a fire and failed to act to stop it.
→ Legal Principle: Creating a dangerous situation → duty to act arises when aware.
→ Golden Nugget: Omission after creating danger completes AR when MR forms later.
Fagan v MPC
→ Topic: Coincidence of AR and MR
→ Context: D accidentally drove onto policeman’s foot and then refused to move.
→ Legal Principle: Continuing act doctrine — AR continues so MR can arise during.
→ Golden Nugget: Coincidence satisfied even if AR starts accidentally and MR arises later.
