Actus Reus and Mens Rea

Question 1

Each criminal offence will have an actus reus and mens rea and both elements must be proven to be held…

Answer 1

Criminally liable

Question 2

Formula of criminal liability

Answer 2

Actus Reus + Mens Rea - Valid Defence = criminal liability

Question 3

Actus Reus?

Answer 3

Guilty conduct by defendant

Question 4

What does Actus Reus consist of?

Answer 4

All elements of an offence that don’t relate to state of mind

Question 5

Can Actus Reus be a positive act?

Answer 5

Yes

Question 6

Generally liable for omission to act?
Exception to the answer?

Answer 6

No
Unless there is a recognised duty to act and the defendant failed to discharge that duty.

Question 7

4 circumstances for a duty to act?

Answer 7

Statutory or contractual duty
Special relationship
Voluntary assumption of responsibility
Creation of
OR a contribution to a dangerous situation
AND then fails to take steps to avert it

Question 8

As part of the actus reus, prosecution must also prove?

Answer 8

Factual and legal causation,
D’s act OR omission actually caused the prohibited result

Question 9

Factual causation?

Answer 9

‘But for’ the defendant’s actions, would the prohibited result occur?

Question 10

When is factual causation not established?

Answer 10

Result would have happened anyway, regardless of the defendant’s conduct.

Question 11

Legal causation?

Answer 11

Defendant’s conduct must be a substantial and operating cause of the result

Question 12

3 elements of substantial and operating cause of the result?

Answer 12

Act must be more than a trivial/minimal cause if the result.
Need not be the only cause of the result.
Must be the operating cause at the time of death.

Question 13

Legal causation
Chain of causation must not be broken by a new and intervening act:
(3 examples)

Answer 13

Act by the victim.
Intervention by a third party which is free, deliberate, and informed.
Unforeseeable natural event.

Question 14

Thin skull rule?

Answer 14

Defendant must take their victim as they find them.

Question 15

Does inherent weakness in the victim break the chain of causation?

Answer 15

No

Question 16

The thin skull rule applies to victim’s physical or mental condition or belief.
Example:

Answer 16

Refuse treatment due to their religious beliefs and die as a result.

Question 17

Mens Rea?

Answer 17

Guilty state of mind by the defendant

Question 18

Can mens rea be objective and subjective?

Answer 18

Yes

Question 19

Necessary mens rea must be satisfied for the elements of the actus reus.
The actus reus and mens rea must….

Answer 19

Correspond

Question 20

What are the 3 main areas of mens rea?

Answer 20

Intention (direct or indirect)
Recklessness
Negligence

Question 21

direct intention where the defendant intends to bring about the actus reus:

Answer 21

defendant wants to achieve something OR has a specific purpose OR outcome in mind.

Question 22

Indirect intention where the defendant intends to bring about the actus reus:

Answer 22

outcome wasn’t the main aim BUT a by-product of what they intended.

Question 23

Test for indirect intention is:

Answer 23

 Was the consequence a virtual certainty as a result of the defendant’s conduct? (objective)
AND
 Did the defendant realise that the consequence was a virtual certainty? (subjective).

Question 24

Recklessness?

Answer 24

Defendant takes an unjustified risk (objective standard).

Question 25

Recklessness is satisfied where:
(2 elements)

Answer 25

• Defendant personally foresees the risk (subjective)
  AND
• Defendant goes on to unreasonably take that risk (objective).

Question 26

Negligence in criminal law?

Answer 26

Defendant fails to meet the standards of a reasonable person (objective standard).
Focus in NOT on the defendant’s state of mind,
BUT whether the conduct of the defendant fails to meet the standards of the reasonable person.

Question 27

certain offences can be…

Answer 27

strict liability.

Question 28

No mens rea for the corresponding actus reus for…

Answer 28

strict liability.

Question 29

Strict liability offences normally consist of offences relating to:

Answer 29

health and safety, driving AND consumer protection.