2.3 General elements of liability

Question 1

Actus Reus, conducts acts and omissions:

What constitutes the actus reus

Answer 1

What the D does, what the D omits
- in some cases, simply ‘being’ also constitutes the actus reus

Question 2

Actus Reus, conducts acts and omissions:

What are the requirements to constitute the actus reus

Answer 2

D must be acting voluntarily, therefore fits or reflex actions cannot amount

Question 3

Actus Reus, conducts acts and omissions:

Case example of D not acting voluntarily

Answer 3

Hill v Baxter 1958

Question 4

Actus Reus, conducts acts and omissions:

Facts of Hill v Baxter (1958) that link to ‘acting voluntarily’

Answer 4

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

Question 5

Actus Reus, conducts acts and omissions:

Define ‘omission’

Answer 5

Failure to act

• does not usually amount to actus reus

Question 6

Actus Reus, conducts acts and omissions:

Exceptions to the omissions rule

Answer 6

statutory duty to act

duty from special relationship

employment duties

duty to put right dangerous situation by one’s own making

Question 7

Actus reus, state of affairs:

What is meant by ‘state of affairs’ offences

Answer 7

D commits an offence by ‘being’ rather than ‘doing’

Question 8

Actus reus, state of affairs:

example of a state of affairs offence

Answer 8

having an offensive weapon in a public place

Question 9

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

Answer 9

Rules of causation apply

Question 10

Actus reus, consequences:

What are the rules of causation

Answer 10

Factual causation and legal causation

(both must be present)

Question 11

Actus reus, causation:

Define factual causation

Answer 11

but for the defendants actions, victim would not have suffered the consequence

Question 12

Actus reus, factual causation:

Example of a case that illustrates the rules of ‘factual causation’

Answer 12

R v White

Question 13

Actus reus, factual causation:

Facts of R v WHite

Answer 13

D put poison in mum’s milk intended to kill her. Mum died of a heart attack in hospital, not poison.

Question 14

Actus reus, factual causation:

Held in R v White

Answer 14

D wasn’t liable for murder as the poison wasn’t the direct cause of death, but was guilty for attempted

Question 15

Actus reus, legal causation:

define ‘Legal causation’

Answer 15

Significant, operating or substantial cause

Question 16

Actus reus, causation:

What are intervening acts, give examples

Answer 16

Acts that break the chain of causation;

Act of a third party, V’s own actions, a natural but unpredictable event

Question 17

Mens rea:

Why are there different levels of mens rea for each crime

Answer 17

Different levels of mens rea attached to different crimes to illustrate level of fault required to the crime

Question 18

Mens rea, intention:

What are the different levels of intention

Answer 18

Dirent intent

Oblique intent

Subjective recklessness / basic intent

Question 19

Mens rea, intention:

Describe ‘direct intent’

Answer 19

It was the aim and purpose of the D to bring about the actus reus

Question 20

Mens rea, intention:

Case that illustrates ‘direct intent’

Answer 20

R v Mohan (1976)

Question 21

Mens rea, intention:

Facts of R v Mohan (1976)

Answer 21

D drove his car quickly when a police officer ordered him to stop, car almost hit officer and D charged with attempted ABH.

Question 22

Mens rea, intention:

Held of R v Mohan (1976)

Answer 22

D appeal, was allowed as it had to be proven that D intended the crime, regardless of rules of mens rea

Question 23

Mens rea, intention:

Describe ‘oblique intent’

Answer 23

2 elements:

actus reus is vertually certain and…

D realises this

Question 24

Mens rea, intention:

Case that illustrates oblique intent

Answer 24

R v Mattthews and Alleyne (2003)

Question 25

Mens rea, intention:

Describe ‘subjective recklessness / basic intent’

Answer 25

D appriciates the risk of the actus reus and continues anyway