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UBE - Criminal Law > 6. Elements of Crime > Flashcards

6. Elements of Crime Flashcards

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1
Q

What are the essential elements of a crime?

A

1) Actus reus
- Guilty physical act by Defendant

2) Mens rea
- Guilty state of mind/intent of Defendant at time of his act

3) Concurrence
- Physical act + Mental state existed at same time

4) Causation + Harmful result
- By Defendant’s act (factually + proximately)

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2
Q

What is an example of physical act?

A

Bodily movement

Speech

  • Perjury/Solicitation
  • NOT thought
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3
Q

What is required for physical act?

A

Voluntary act

  • Conscious exercise of the will
  • Knowledge of potentially falling asleep/becoming unconscious + engaging in dangerous behaviour

Failure to act

1) Legal duty to act
- Statute/Contract
- Relationship (Spouse/Child)
- Voluntary assumption of care (leaving victim in worse position than before)
- Creation of peril
2) D knew/should have known facts would give rise to duty
3) Reasonably possible to perform duty
- Defendant to perform duty
- Defendant to obtain help of others to perform duty

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4
Q

What type of crimes require specific intent under common law?

A

Solicitation
Conspiracy
Attempt

First degree premeditated murder
Assault

Larceny
Robbery
False pretenses
Embezzlement
Burglary
Forgery
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5
Q

How may specific intent be determined?

A

By manner in which act was done => Provide circumstantial evidence of intent

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6
Q

What type of crimes require general intent under common law?

A

Battery
Rape
Kidnapping
False imprisonment

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7
Q

How may general intent be determined?

A

By awareness of factors constituting crime

- NO certainty required

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8
Q

What type of crimes require malice under common law?

A

Murder

Arson

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9
Q

How may malice be determined?

A

Reckless disregard of obvious/high risk that particular harmful result will occur

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10
Q

What is difference between specific intent and malice/strict liability crime?

A

Specific intent
- Specific intent defence can negate intent

Malice/Strict liability crime
- Specific intent defence can NOT negate intent

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11
Q

How may strict liability crimes be determined?

A

NO intent/awareness

- Statutes may not state mens rea (but courts may interpret statute as requiring mens rea anyway)

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12
Q

What are the types of strict liability crimes under common law?

A

Statutory rape

Selling liquor to minors

Bigamy

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13
Q

What is the difference between common law and Model Penal Code regarding mental state?

A

Common law
- Specific vs general intent

MPC
- NO specific vs general intent

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14
Q

What is required for defendant to purposely commit crime under MPC?

A

Conscious object to engage in certain conduct/cause certain result (subjective)

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15
Q

What is required for defendant to knowingly commit crime under MPC?

A

Aware that his conduct is of that nature/that certain circumstances exist (subjective)
- Deemed aware of high likelihood of results and deliberately avoids learning the truth (wilful conduct)

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16
Q

What is required for defendant to recklessly commit crime under MPC?

A

Consciously disregards substantial and unjustifiable risk

  • Gross deviation from reasonable standard of care
  • Wanton conduct
17
Q

What is required for defendant to negligently commit crime under MPC?

A

Fails to be aware of substantial and unjustifiable risk

- Substantial deviation from reasonable standard of care

18
Q

What is transferred intent? When does it apply?

A

If D intended harmful result to particular person BUT caused harmful result to another person => D’s intent transferred from intended person to harmed person

1) D guilty of crime vs harmed person
2) D guilty of attempt vs intended person

If D could use defence vs intended person => D can use same defence vs harmed person

19
Q

Which crimes does transferred intent apply to?

A

Homicide
Battery
Arson

20
Q

Which crimes does transferred intent not apply to?

A

Attempt

21
Q

What is required for causation?

A

1) Concurrence
- D had intent to commit act at time of acting

2) Actual causation
- But for

3) Proximate
- No superseding causes sufficient to break chain of causation

22
Q

What is not physical conduct?

A

Reflexes

Bodily movements during unconsciousness/sleep

Actions during hypnosis

Conduct that is not product of Defendant’s determination/effort

UNLESS D aware of conditions + fail to take reasonable steps to avoid actions

UBE - Criminal Law (9 decks)

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