Sec 2 General Elements Of Criminal Liability Flashcards
(18 cards)
What are the general elemnts of criminal liability?
1: AR - the physical act or omission
2: MR - the mental elects
3. Causation - proving D caused the result
4. Coincidence - AR and MR must coincide
5. Transferred Malice - MR can transfer to victim actually harmed
Actus Reus
The guilty act, the physical element of the crime
When is an omission sufficient for AR
Only when they’re is a legal duty to act.
E.g. contractual - r v Pittwood, failing to close railway gate when it was his job to do so.
State of affairs crime
D is liable to a condition or circumstance, not a voluntary act.
R v Larsonneur - D was arrested upon arrival from involuntary deportation
Two types of causation
- Factual causation -“but for” test
- Legal causation - d must be a substantial and operating cause
What is the “but for” test with example
Would the consequence have occurred but for the Ds actions.
R v White - D put poison in mothers drink, she died but of a heart attack, not factual cause
Legal causation + case
Ds actions must be more than a minimal cause and the chain do causation must be unbroken
R v v Kimsey - Ds driving was more than a slight or trifling link
What breaks the chain of causation?
A no us act that makes Ds act no longer the cause
What is Mens Rea
The guilty mind, the mental element of the crime
What are the two types of intention ?
- Direct intention - D desires the result R v Mohan
- Oblique intention - result is virtually certain ands D appreciates this R v Woollin
What is recklessness
D knows there is a risk of the consequence and goes ahead anyways
R v Cunningham subjective recklessness
Difference between subj and obj recklessness?
S: D personally foresaw the risk
O: a reasonable person would foresee the risk (no longer used)
What is transferred malice ?
When D intends to harm one person but accidentally harms another
R v Latimer where belt hit unintended victim
What is the coincidence rules
AR and MR are present at the same time
Omissions evaluation on criminal law.
Law only punishes duty to act.
Suggestions of general duties to act many place an unfair burden on the public
Assess causation in criminal law.
Law must balance fairness with accountability.
R v Jordan: Stabbing victim died after being given excessive and inappropriate medical treatments
Evaluate recklessness as a form of mens rea
Changing from a obj to a subj test improves fairness but made it harder to prove recklessness for the prosecution
Evaluate transferred malice
Ensures justice to unintended victims but doesn’t apply across different offences (R v Pembliton) which an be confusing
