Actus Reas & Mens Rea

Question 1

what are the 2 aspects of a crime that must be proved to find the D guilty?

Answer 1

actus reas & mens rea

Question 2

what are the 3 parts of the physical element of a crime?

Answer 2

actus reas, omissions, and causation

Question 3

what are the 4 parts of the mental element of a crime?

Answer 3

mens rea, transferred malice, coincidence rule and strict liability

Question 4

what is actus reas?

(hint: 4 points + example)

Answer 4

• latin for ‘guilty mind’
• all of the physical parts of a crime
• every crime has its own actus reas, which must be proved
• must be voluntary (you had control over your own body)
• e.g punching, kicking, stealing a persons phone, etc

Question 5

what is omissions?

Answer 5

where the law gives a person a legal duty to act, but they failed to do so, they can be liable for not acting

Question 6

where does the law give you a legal duty to act?

Answer 6

• contractual duty (your job)
• special relationship (parent & child)
• voluntary assumption of a duty
• creating a dangerous situation

Question 7

omissions - case example: contractual duty

Answer 7

pitwood - failed to close level crossing gate

Question 8

omissions - case example: special relationship

Answer 8

gibbons & proctor - father failed to prevent daughter being starved

Question 9

omissions - case example: voluntary assumption of a duty

Answer 9

gibbons & proctor - fathers partner failed to feed child

Question 10

omissions - case example: creating a dangerous situation

Answer 10

miller - homeless man set fire to mattress and he simply moved to another room and went back to sleep

Question 11

what is a statutory duty to act?

Answer 11

it is a duty to act based on an Act of parliament

Question 12

statutory duty example

Answer 12

road traffic Act 1988, under a duty to provide a specimen of breath when asked/ duty to stop if you caused an accident

in either case a failure to do this is an offence

Question 13

what is causation?

Answer 13

a way of establishing, who committed the actus reas

(e.g. who caused the death or injury)

Question 14

what are the two types of causation?

Answer 14

factual & legal

Question 15

what test is used to establish factual causation?

Answer 15

the ‘but for’ test

Question 16

what is the ‘but for’ test?

Answer 16

but for the Ds actions, would the result have happened anyway

answer:
yes - no factual cause
no - factual cause

Question 17

what is used to establish legal causation?

Answer 17

chain of causation (chain of events)

Question 18

what happens if the chain of causation does not break?

Answer 18

D is the legal cause (committed AR)

Question 19

what happens if the chain of causation does break? and what can only break the chain?

Answer 19

D is no longer responsible, but can only be broken by an interveining act

Question 20

what is the focus of the chain of causation?

Answer 20

the focus is on how much of a contribution the D has made, they must have made a significant contribution

Question 21

what statement came out of the ‘kimsey’ case?

Answer 21

the D must have made a significant contribution, this means “more than a slight or trifling link, but they do not have to be the main case

Question 22

what are the 6 intervening acts?

Answer 22

• victims own actions/escape attempts
• bad medical treatment
• thin skull rule
• acts of a third party
• victim refusing medical treatment
• doctor switching off life support

Question 23

intervening acts: case example - victims own actions/escape attempts

Answer 23

roberts - as long as the Vs actions are foreseeable and reasonable, the chain will not be broken

Question 24

intervening acts: case example - bad medical treatment

Answer 24

cheshire - if the original injuries by D are still an operating and substantial cause of the result, the chain will not be broken

on the grounds of public policy (public interest) doctors who give bad medical treatment do not break the chain of causation

Question 25

intervening acts: case example - thin skull rule

Answer 25

where the V is suffering from a vulnerability, which makes their injuries worse e.g. brittle bone disease blaue - the D must take the V as they find them, the chain will not be broken

Question 26

intervening acts: case example - acts of a third party

Answer 26

pagett - as long as the D has made a contribution to the result, the chain will not be broken and the D is still liable the D’s actions don’t have to be the sole cause of the victims death/injury

Question 27

intervening acts: case example - victim refusing medical treatment

Answer 27

holland - the victim is under no legal obligation to seek medical help - the chain will not be broken

Question 28

intervening acts: case example - doctor switching off life support machines

Answer 28

malcherick + steele - the chain will not be broken, the D is still liable

Question 29

what is men’s rea?

Answer 29

- latin for guilty mind - all mental elements of a crime two types: intention + recklessness

Question 30

what are the two types of intention?

Answer 30

direct + indirect

Question 31

what is direct intent?

Answer 31

where it is obvious that the D intended the outcome example: D shoots V in the face 3 times

Question 32

direct intent - case example

Answer 32

mohan - it is the D’s aim, purpose and desire to bring about the outcome

Question 33

what is indirect intent?

Answer 33

where it is not obvious what the D intended example - D shoots V in the leg and the V dies

Question 34

indirect intent - case example

Answer 34

woolin - the court will apply the ‘virtually certain’ test 1) was death or serious injury virtually certain? 2) did the D realise this?

Question 35

what is recklessness?

Answer 35

lower level of men’s rea

Question 36

what are the two types of recklessness? (and which has now been overulled?)

Answer 36

subjective and objective (overruled)

Question 37

what is subjective recklessness? + case examples

Answer 37

D must be aware of a risk or harm, but takes the risk case examples - cunningham + R v G+R

Question 38

what is objective recklessness? + case examples

Answer 38

D is not aware of a risk BUT the risk is obvious to any sober or reasonable person case example - caldwell

Question 39

what is transferrred malice + case examples

Answer 39

where the malice is transferred from the intended V to the actual V malice can only be transferred from: -person to person -object to object case example - Latimer

Question 40

what is the coincidence rule? + case example

Answer 40

this is when the AR and MR don’t coincide but this rule states that: AR and MR are a cotinuing act and as long as they occur at the “same time” (AR must be a continuing act) the crime will be complete case example - Church

Question 41

what is strict liability?

Answer 41

- this does not require the MR - D will be quilts of the crime as long as they committed the AR

Question 42

GAMMON guidelines

Answer 42

NOT SL: MR words are use D (e.g. intention), truly criminal act (e.g. murder), and the crime has a penalty of prison IS SL: covers issue of social concern or the offence is regulatory

Question 43

pros - strict liability

Answer 43

- protects the public/environment - easier to prosecute as the D usually pleads guilty - saving court time - forces business to raise their standards

Question 44

cons - strict liability

Answer 44

- unfair on the D - no MR - no evidence that is actually raises standards - conviction could ruin D reputation