1. Actus Reus

Question 1

What are the elements of criminal liability?

Answer 1

AR + MR + absent valid defence = criminal liability.

Question 2

What is actus reus?

Answer 2

Elements of the offence that do not relate to the state of mind of the defendant.

Question 3

Where can actus reus be found?

Answer 3

In statute or common law.

Question 4

Who determines the guilt of the defendant?

Answer 4

Magistrates or a jury.

Question 5

What is the legal burden of proof for offences?

Answer 5

On the prosecution to prove all elements of the offence.

Question 6

What is the evidential burden for offences?

Answer 6

On the prosecution to provide sufficient evidence for each element of the offence.

Question 7

What is the standard of proof for the prosecution?

Answer 7

Beyond reasonable doubt.

Question 8

What is the legal burden of proof for defences?

Answer 8

On the defendant to prove their defence on the balance of probabilities.

Question 9

What is the evidential burden for defences?

Answer 9

On the defendant to show sufficient evidence for their defence.

Question 10

What are conduct crimes?

Answer 10

Acts or omissions by the defendant.

Question 11

Must conduct crimes be voluntary?

Answer 11

Yes, unless the accused acts involuntarily.

Question 12

What is required for result crimes?

Answer 12

Certain consequences as a result of the defendant’s conduct.

Question 13

What is the result in a murder case?

Answer 13

The death of a human being.

Question 14

What is required for a conviction in a criminal damage case?

Answer 14

Property must be destroyed or damaged.

Question 15

What are state of affairs crimes?

Answer 15

Existence of certain circumstances at the time of conduct.

Question 16

Give an example of a state of affairs crime.

Answer 16

Driving while unfit due to intoxication.

Question 17

What is the justification for imposing liability on someone who had no control over the situation?

Answer 17

Protecting and upholding public policy.

Question 18

What is the general rule regarding liability for omissions?

Answer 18

No liability unless there is a legal obligation to act.

Question 19

What is an example of a legal obligation to act under the Children Act 1989?

Answer 19

Parents have a duty to care for their children.

Question 20

When can a defendant be criminally liable for an omission?

Answer 20

When the law recognizes that they were under a duty to act and they failed to do so.

Question 21

What are some situations where a duty to act may arise?

Answer 21

Duty arising out of contract, special relationship, voluntary assumption of care, creation of a dangerous situation.

Question 22

Give an example of a duty arising out of contract.

Answer 22

Health care professionals have a duty to comply with their contracts.

Question 23

When can a defendant incur criminal liability for an omission based on a special relationship?

Answer 23

When there is a family tie or when the defendant has assumed a duty towards the victim.

Question 24

In what situations does a duty arise when a person voluntarily assumes care for another?

Answer 24

When the person cannot care for themselves.

Question 25

When can a defendant be held criminally liable for creating a dangerous situation?

Answer 25

When they create the danger and fail to take reasonable measures to counteract it.

Question 26

What is the duty in a situation where a dangerous situation is created?

Answer 26

To take reasonable steps to avert harm.

Question 27

What is the principle of factual causation?

Answer 27

The defendant cannot be considered the cause if the event would have occurred the same way without their act or omission.

Question 28

What is the ‘but for’ test?

Answer 28

Determines if the defendant’s actions caused the crime.

Question 29

What is the principle of legal causation?

Answer 29

Defendant’s conduct must be a substantial and operative cause.

Question 30

What must be attributable to a culpable act or omission?

Answer 30

Consequence.

Question 31

Why must the consequence be attributable to the defendant?

Answer 31

To establish blame for the result.

Question 32

What must the culpable act be in relation to the consequence?

Answer 32

More than minimal cause.

Question 33

Does the culpable act need to be the sole cause?

Answer 33

No, liability is not precluded if there are multiple causes.

Question 34

What is the ‘egg shell skull’ rule?

Answer 34

Defendant must take the victim as they find them.

Question 35

What happens if the chain of causation is broken?

Answer 35

Defendant will not be the cause of the result and will be absolved of liability.

Question 36

What are intervening acts?

Answer 36

Acts or events unconnected that break the chain of causation.

Question 37

What are the three possibilities of intervening acts?

Answer 37

Victim’s acts, third party intervention, and intervening events.

Question 38

What must victim’s acts be in order to break the chain of causation?

Answer 38

Free, deliberate, and informed.

Question 39

What are ‘escape cases’?

Answer 39

Victim’s actions that are so daft and unexpected that no reasonable person could have foreseen it.

Question 40

How does the principle of taking the victim as they find them apply to suicide?

Answer 40

Defendant may still be liable for the consequences of their act.

Question 41

Refused Treatment

Answer 41

Will not break the chain because of egg-shell skull rule.

Question 42

Third party intervention

Answer 42

Defendant not liable if third party’s act is free, deliberate, informed, or not reasonably foreseeable.

Question 43

Medical Mistreatment

Answer 43

Must be independent and potent to make defendant’s actions insignificant.

Question 44

Intervening events

Answer 44

Natural events (Act of God) or events other than natural ones.

Question 45

Act of God

Answer 45

A natural event that may break the chain of causation.

Question 46

Foreseeability

Answer 46

Determining factor for liability in a subsequent event.