2.3 General elements of liability Flashcards
Actus Reus, conducts acts and omissions:
What constitutes the actus reus
What the D does, what the D omits
- in some cases, simply ‘being’ also constitutes the actus reus
Actus Reus, conducts acts and omissions:
What are the requirements to constitute the actus reus
D must be acting voluntarily, therefore fits or reflex actions cannot amount
Actus Reus, conducts acts and omissions:
Case example of D not acting voluntarily
Hill v Baxter 1958
Actus Reus, conducts acts and omissions:
Facts of Hill v Baxter (1958) that link to ‘acting voluntarily’
D was driving dangerously, but as he was driving he was being attacked by a swarm of bees so he could not be liable for the accident
Actus Reus, conducts acts and omissions:
Define ‘omission’
Failure to act
- does not usually amount to actus reus
Actus Reus, conducts acts and omissions:
Exceptions to the omissions rule
statutory duty to act
duty from special relationship
employment duties
duty to put right dangerous situation by one’s own making
Actus reus, state of affairs:
What is meant by ‘state of affairs’ offences
D commits an offence by ‘being’ rather than ‘doing’
Actus reus, state of affairs:
example of a state of affairs offence
having an offensive weapon in a public place
Actus reus, consequences:
What does it state in the law would happen in the consequence, for example murder, was not directly caused by the D’s actions
Rules of causation apply
Actus reus, consequences:
What are the rules of causation
Factual causation and legal causation
(both must be present)
Actus reus, causation:
Define factual causation
but for the defendants actions, victim would not have suffered the consequence
Actus reus, factual causation:
Example of a case that illustrates the rules of ‘factual causation’
R v White
Actus reus, factual causation:
Facts of R v WHite
D put poison in mum’s milk intended to kill her. Mum died of a heart attack in hospital, not poison.
Actus reus, factual causation:
Held in R v White
D wasn’t liable for murder as the poison wasn’t the direct cause of death, but was guilty for attempted
Actus reus, legal causation:
define ‘Legal causation’
Significant, operating or substantial cause
Actus reus, causation:
What are intervening acts, give examples
Acts that break the chain of causation;
Act of a third party, V’s own actions, a natural but unpredictable event
Mens rea:
Why are there different levels of mens rea for each crime
Different levels of mens rea attached to different crimes to illustrate level of fault required to the crime
Mens rea, intention:
What are the different levels of intention
Dirent intent
Oblique intent
Subjective recklessness / basic intent
Mens rea, intention:
Describe ‘direct intent’
It was the aim and purpose of the D to bring about the actus reus
Mens rea, intention:
Case that illustrates ‘direct intent’
R v Mohan (1976)
Mens rea, intention:
Facts of R v Mohan (1976)
D drove his car quickly when a police officer ordered him to stop, car almost hit officer and D charged with attempted ABH.
Mens rea, intention:
Held of R v Mohan (1976)
D appeal, was allowed as it had to be proven that D intended the crime, regardless of rules of mens rea
Mens rea, intention:
Describe ‘oblique intent’
2 elements:
actus reus is vertually certain and…
D realises this
Mens rea, intention:
Case that illustrates oblique intent
R v Mattthews and Alleyne (2003)
Mens rea, intention:
Describe ‘subjective recklessness / basic intent’
D appriciates the risk of the actus reus and continues anyway
