Actus reus and Mens Rea

Question 1

Actus Reus

Answer 1

broadly translates as ‘guilty act’. all elements of an offence not concerned with state of mind of D. can be a positive act or omission

Question 2

mens rea

Answer 2

states of mind of D. fault element. subjective or objective. reasonable person.

Question 3

causation

Answer 3

culpability or responsibility.

Question 4

automatism

Answer 4

specific defence - requires total loss of control that stems from an external cause

Question 5

process for considering omissions liability

Answer 5

1. can the offence be committed by omission?
2. is there a recognised duty to act?
3. has the duty to act been discharged?

Question 6

4 types of duty

Answer 6

statutory of contractual duty
special relationship
voluntary assumption
creation or contribution to a dangerous situation

Question 7

process for causation

Answer 7

1. is D the FACTUAL cause for the end result
2. Is D the LEGAL cause of the end result
3. Is there a new and intervening act breaking the chain of causation

Question 8

factual causation

Answer 8

‘but for’ test - if the result would have happen regardless of Ds action

Question 9

principles of legal causation

Answer 9

1. D need only be more than minimal cause o the prohibited result
2. D need not be the only cause of the result
3. D must be the operating cause

Question 10

3 ways chain of causation can be broken

Answer 10

1. Acts of a third party
2. Acts of the victim
3. Acts of God

Question 11

Direct intention

Answer 11

Ds purpose is to bring about a prohibited result

Question 12

Oblique intention

Answer 12

not Ds aim or purpose to bring about prohibited result but foresees that result as virtually certain to occur as a result

Question 13

test of oblique intent

Answer 13

was the consequence a virtual certainty as a result of Ds conduct?
did D realise that the consequence was a virtual certainty?

Question 14

intention

Answer 14

direct or oblique.

Question 15

recklessness

Answer 15

seeing a risk and going on to take it. must be unjustifiable risk and focus on whether D saw this risk.

Question 16

negligence

Answer 16

concerned with the conduct of D and whether it fails to meet the standards of the reasonable person

Question 17

coincidence of acts reus and mens rea

Answer 17

prosecution must establish the element of the offence coincide.

Question 18

transferred malice

Answer 18

legal doctrine that allows for a transfer of mens rea when an offence targeted at a particular person or property results in injury/damage to a different

Question 19

contemporaneity in criminal law

Answer 19

continuing act and a series of acts

Question 20

continuing act

Answer 20

D has the mens real at some point while the act is continuing.

Question 21

A series of acts

Answer 21

must be a series of acts not a series of unconnected events

Question 22

limitations of transferred malice

Answer 22

D mens rea can only be transferred or the same offence.
no double or general transfer o mens rea. - stab a pregnant woman, injures foetus who then dies mens rea cannot be transferred.