Actus reus and mens rea

Question 1

Formula needed for a criminal offence

Answer 1

Actus reus + mens rea = offence
Need to see if there are any defences

Question 2

Actus reus - definition

Answer 2

Act of the crime. Will consist of:
1) An act by the defendant
2) The existence of certain circumstances at the time of the defendant’s conduct
3) Certain consequences flowing from the defendant’s conduct

Question 3

Actus Reus - Liability for omissions - General Rule

Answer 3

There can be no criminal liability for failing to act

Question 4

Actus Reus - Liability for omissions - Exceptions - Special relationships

Answer 4

Only one properly established is between parent and child. For other relationships it is only formed if there is a duty to care for the victim e.g by accepting payment or accommodation in return for caring for an individual or where someone invites a person unable to care for themselves to permanently live as part of the family. Relationship between husband and wife. Doctors and patient.

Question 5

Actus Reus - Liability for omissions - Exceptions - Contractual duty to act

Answer 5

If one’s contract of employment specifies certain obligations to act a failure to comply with those obligations can lead to criminal liability

Question 6

Actus Reus - Liability for omissions - Exceptions - Statutory duty to act

Answer 6

Where a legislative provision has imposed a duty on individuals to act in a certain way in a given set of circumstances

Question 7

Actus reus - Liability for omissions - Exceptions - Where the defendant has created a dangerous situation

Answer 7

Having created that dangerous situation the law imposes a duty upon him to take steps to remove the danger he created

Question 8

Mens rea - Definition

Answer 8

State of mind of the defendant

Question 9

A crime of specific/basic intent

Answer 9

Only the mens rea that will suffice to convict a person of the crime is the mens rea of intention/recklessness

Question 10

A crime of ulterior intent

Answer 10

The prosecution has to prove an extra element of mens rea against the defendant before they can secure a conviction - that they intended to produce some consequence which went beyond the actus reus of the crime

Question 11

Recklessness

Answer 11

An awareness of even the smallest risk of causing death would be sufficient to satisfy the mens rea. Whether the defendant foresaw the risk and went on to take it and the risk is unjustified

Question 12

Transferred malice

Answer 12

Only applies where the actus reus of the offence committed is the same type if crime as the defendant originally had in mind

Question 13

Negligence

Answer 13

Defendant may be convicted of a criminal offence without having the mens rea. Sometimes can be punished for failing to measure up to the standards of the reasonable person.

Question 14

Strict liability offences

Answer 14

Defendant may be convicted of a criminal offence without having the mens rea. E.g drunk driving

Question 15

Result crime

Answer 15

Murder

Question 16

Conduct crime

Answer 16

Defendant’s conduct is criminalised

Question 17

State of affairs crime

Answer 17

Being in charge of a motor vehicle on a road while unfit to drive through drink