The elements of crime

Question 1

how does an offence take shape

Answer 1

AR + MR (-Defence_ = LIABILITY

Question 2

what does AR stand for

Answer 2

Actus Reus

AR is the guilty act

Question 3

what does MR stand for

Answer 3

Mens Rea

MR is the guilty mind

Question 4

what is defence

Answer 4

insanity, self-defence, loss of control

Question 5

what is liability

Answer 5

the liability to be found guilty of the offence

Question 6

what is acts reus

Answer 6

an act is not necessarily a guilty act unless it is accompanied by a guilty mind - an act which is prohibited by the law

Question 7

where will the AR of every offence be defined

Answer 7

the statue (OAPA 1861) or in the common law

can be vague or may be further definition within the statue

Question 8

Actus Reus requires:

Answer 8

murder: stab, shoot
battery: touch, push

actual bodily harm: punch, bruise, cut

theft: ‘appropriation of property belonging to another’

Question 9

what are the 3 category types of AR

Answer 9

a positive act
an omission
a state of affairs

Question 10

what is a positive act - AR

Answer 10

physically doing something e.g. strangling, hitting, stabbing etc

it must however be voluntary - if there is an involuntary act, then the effect will not be the same

Question 11

what is am omission - AR

Answer 11

a failure to do something, generally involving some form of a duty to care

there are 5 types of omissions

Question 12

what are the 5 types of omissions

Answer 12

special relationships

dangerous circumstances

contractual

quasi employment through state

assumed responsibility

Question 13

special relationships - omission - AR

Answer 13

Gibbins v Proctor - children starved to death, murder by omission - parents owed their children more action than what they did

Question 14

dangerous cirumstances - omission - AR

Answer 14

where the defendant has created a dangerous situation and then fails to rectify said situation

R v Miller - created a fire by falling asleep with a cigarette, when saw fire, left the fire and offered no help - lack of response was the omission

Question 15

contractual - omission - AR

Answer 15

where a contract to act exists in some form and the D doesn’t do this, such as teachers and their ability to look after those in care

R v Pittwood - railway worked failed to do what they were obliged to do and the deaths as a result were their fault

Question 16

quasi employment through statue - omission - AR

Answer 16

covers police officers and MP’s who have a duty to act in a certain way down their employment contracts and obligations

Question 17

assumed responsibility - omission - AR

Answer 17

where D has voluntarily assumed responsibility, but if they then stop with the care they are held responsible

Stone v Robinson - D began volunteering but when the person became seriously ill, they stopped caring and left them unwell without alerting authorities

Question 18

State of affairs - AR

Answer 18

sleeping in your car after a night out means you are drunk in charge of a vehicle - your situation becomes the act, although you aren’t necessarily driving, you’re actions are enough

Question 19

state of affairs - chain of events - AR

Answer 19

although involuntary acts do negate the liability of the person who has committed

if the D sets off a chain of events, then they are responsible for all injuries or results of that decisions

R v Mitchell - D pushed a man in a queue, who knocked over an elderly man who dies - resp for the death

Question 20

What is MR

Answer 20

If AR is the guilty act, then there needs to be an accompanying mindset to accompany this

The MR is the Mens Rea -the guilty mind

Question 21

what are the 4 types of MR

Answer 21

intention
recklessness
negligence
SLO

Question 22

where to find the MR?

Answer 22

The MR for each offence will always be found in the statue, again such as with AR, there will be a hint as to what the level is

Most offences have two types of R allocated to them, most commonly allowing either intention or recklessness

Question 23

Intention - MR

Answer 23

The most severe, and blameworthy frame of mind

To have intention means to have a desire, plan or aim to commit a criminal act, making the defendant blameworthy

Very hard to prove and to attempt to prove this as a mindset, the courts will look at the physical items or actions which indicate a mindset

Mohan (1975)
- “intention is an aim or decision to bring about certain consequences”

It is a conscious decision to bring an action to fruition and there are 2 different types of intent
- Direct and Oblique (indirect)

Question 24

which is the most severe MR

Answer 24

intention

Question 25

direct intention

Answer 25

D desires and aims for the consequences that eventually occur

Question 26

oblique intention

Answer 26

Included when outcome is desired but when an outcome is not directly desired but was clearly inevitable – must be foreseen by D

Oblique intent is generally reserved for murder, and it is suspiciously close to recklessness which is not available for murder

Question 27

foresight

Answer 27

To establish whether there was foresight of consequences

1. Is harm a natural consequence of D’s voluntary act?
2. Did the D foresee that cons as being a natural consequence of the act?
   - If yes, then it is proper to infer that D intends the consequence

Question 28

intent and foresight link

Answer 28

Intent and foresight are intrinsically linked, it is a way in which to ensure the D has got intent

Foresight is not the same as intent, but when the Jury are satisfied that D did foresee for virtually certain to cause the action – then the jury could say he intended the result

Question 29

recklessness - MR

Answer 29

D most frequently behave recklessly when performing the AR of an offence

Therefore, AR can be considered to be not as sinister as intent, but more akin to stupidity

The decision on whether the D saw the risk is currently subjective – est in R v G (2003) meaning that the test based on the eyes of the D

The second element is whether the risk was justified, and is assessed objectively

If it is objectively justifiable, then D is not reckless

E.g. swerving to avoid a child but then hitting a parked car

Question 30

what is the two part test to establish recklessness

Answer 30

The D saw the risk of harm being caused by their act and decided to act anyway

The D’s taking of the risk was unjustified

Question 31

6 offences requiring recklessness

Answer 31

Unlawful act MS
Reckless MS
S20 OAPA 1861
S47 OAPA 1861
Assault/battery
Criminal damage

Question 32

negligence - MR

Answer 32

Civil action

Est in Donoghue v Stevenson: the D owed the claimant a DoC and that DoC was breached

Question 33

DoC

Answer 33

The criminal law is only involved if the breach is GROSS

R v Bateman: Gross neg is when the standard of reasonable care falls far short of what is expected by the law

Typically used for Gross Negligence MS

Question 34

Test for GNM

Answer 34

R v Adomako: defined GNM and therefore negligence as a whole

1. There must be a breach of a DoC
2. Which then causes death
3. And be grossly negligent

Question 35

SLO - MR

Answer 35

An AR without the MR

The courts do not need to prove intent, recklessness or even negligence

D can be convicted even through the MR has not been satisfied

It is only regulatory offences that have SLO, these will carry a fair lighter sentence and very low moral stigma

The idea is that by using SL for regulation, public safety we can ensure that there will be greater vigilance and protection