A-level OCR Law Paper 1 Section B General elements of criminal liability (3-18) Flashcards
Actus reus: conduct and consequence crimes; voluntary acts and omissions' involuntariness; causation Mens rea: fault, intention and subjective recklessness; negligence and strict liability; transferred malice; coincidence of actus reus and mens rea
Actus Reus means and refers too
the guilty act and the doing part of the crime (physical element)
Mens Rea means and refers too
the criminal intent and the thinking part of the crime (mental element)
D is found guilty of a crime if
their behaviour in commiting the actus reus was voluntary
3 types of crimes dpeneding on the nature of the Actus Reus
Conduct Crimes/Consequence Crimes/State of affairs Crimes
Conduct Crime brief explanation with example
No consequence is required as the AR is the prohibited conduct itself for example drink-driving
Consequence Crimes brief explanation with example
The AR must result in a consequence for example assault causing ABH requires application or threat of force as well as consequence of the ‘actual body harm’
State of affairs Crimes brief explanation with example
being there in the prohibited circumstances is enough for AR for example possesing illegal drugs even if not doing anything with them is enough for the AR of the offence
Ommision means
a failure to act under a duty to act
what duties does parliament create
statutory duties
3 examples of statutory duties with act
failing to wear a seatbelt under Road Traffic Act 1988/Failing to muzzle a dangerous dog in public under Dangerous Dogs Act 1991/Neglecting a child under Domestic Violence, Crime and Victims act 2004
what duties do judges create
common law duties
5 examples of common law duties (CCODS)
Contractual Duties/Creating a Dangerous Situation/Official Position/Duty Undertaken Voluntarily/Special Relationship
Contractual Duties brief explanation and case example
duties arisen through contracts of employment e.g Pittwood 1902 where a railway crossing keepers omission of closing the gate formed AR for manslaughter
Creating a Dangerous Situation brief explanation and case example
failing to take reasonable steps and creating a dangerous situation e.g Miller 1983 where D had failed to call the fire brigade to deal with a fire and avoided it making him liable
Official Position brief explanation and case example
duty in relation to public office e.g Dytham 1979 where a police officer watched V get beaten up failing to perform his duty in a public position
Duty Undertaken Voluntarily brief explanation and case example
based on reliance formed from duty being undertaken by choice e.g Stone & Dobinson 1977 where D took in an elderly relative and failed to look after her so were liable for her death
Special Relationship brief explanation and case example
refers to matters involving guardian/parent typically e.g Gibbins & Proctor 1918 where a father starved his 7yr old daughter to death and his ommision to feed her formed AR
The Chain of Causation refers too
the relation between D’s action and the Consequence for example V’s death was the facutal cause of D’s conduct and it was the legal cause and with no intervening act D is guilty
What is Factual Causation
the starting point in establishing the chain of causation where it must be proved that the unlawful consequences would not have happened if not for D’s conduct
Case Example of Factual Causation
White 1910 where D was acquitted because although he tried to poison his mother she actually died because of a heart attack so he wasnt the factual cause
What is Legal Causation
the establishment/proof that though D might not be the only cause of the consequence but that D’s contribution was more than minimal
Case Example of Legal Causation
Benge 1846 where D substantialy caused a death during work on a train track as he could have prevented it if he had warned an approaching train driver even if the negligence of others played a part
What are intervening acts
acts that break the chain of causation preventing D from being liable for the end result even if Ds conduct was factual
3 instances that may break a chain of causation
An unforseeable act of nature (natural disaster)/The unforseeable act of a third party/V’s own subsequent conduct