General Elements of Liability

Question 1

Actus Reus

Answer 1

Act/conduct of the crime

Question 2

Mens Rea

Answer 2

Intention of the defendant.

Question 3

Transferred Malice

Answer 3

Intention can transfer if a similar act is committed on someone else.

Question 4

Omissions

Answer 4

Actus reus must involve an act, you can’t be guilty from a failure to act. 4 exceptions:

Contractual duty.

Statute.

A relationship.

A duty to put right a dangerous situation.

Question 5

Fault in Criminal Law

Answer 5

An act must accompany a fault to equal a crime, if it doesn’t then it is an accident.

Strict liability and absolute liability do not need fault.

Sweet v Parsley.

Question 6

When can fault be removed/reduced?

Answer 6

When a defence is plead successfully.

Question 7

Legal Causation

Answer 7

Cause has to be significant.
Or act has to be substantial and
operating cause.

Question 8

Factual Causation

Answer 8

‘But for’ the act the consequences would be different.

Question 9

Circumstances

Answer 9

The context, act and intention.

Question 10

Transferred Malice Case: R v Latimer

Answer 10

Tried to hit a man with a belt but missed and hit a woman in the face.

Mens rea transferred