Actus Reus and Mens Rea Flashcards
Each criminal offence will have an actus reus and mens rea and both elements must be proven to be held…
Criminally liable
Formula of criminal liability
Actus Reus + Mens Rea - Valid Defence = criminal liability
Actus Reus?
Guilty conduct by defendant
What does Actus Reus consist of?
All elements of an offence that don’t relate to state of mind
Can Actus Reus be a positive act?
Yes
Generally liable for omission to act?
Exception to the answer?
No
Unless there is a recognised duty to act and the defendant failed to discharge that duty.
4 circumstances for a duty to act?
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
As part of the actus reus, prosecution must also prove?
Factual and legal causation,
D’s act OR omission actually caused the prohibited result
Factual causation?
‘But for’ the defendant’s actions, would the prohibited result occur?
When is factual causation not established?
Result would have happened anyway, regardless of the defendant’s conduct.
Legal causation?
Defendant’s conduct must be a substantial and operating cause of the result
3 elements of substantial and operating cause of the result?
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.
Legal causation
Chain of causation must not be broken by a new and intervening act:
(3 examples)
Act by the victim.
Intervention by a third party which is free, deliberate, and informed.
Unforeseeable natural event.
Thin skull rule?
Defendant must take their victim as they find them.
Does inherent weakness in the victim break the chain of causation?
No
The thin skull rule applies to victim’s physical or mental condition or belief.
Example:
Refuse treatment due to their religious beliefs and die as a result.
Mens Rea?
Guilty state of mind by the defendant
Can mens rea be objective and subjective?
Yes
Necessary mens rea must be satisfied for the elements of the actus reus.
The actus reus and mens rea must….
Correspond
What are the 3 main areas of mens rea?
Intention (direct or indirect)
Recklessness
Negligence
direct intention where the defendant intends to bring about the actus reus:
defendant wants to achieve something OR has a specific purpose OR outcome in mind.
Indirect intention where the defendant intends to bring about the actus reus:
outcome wasn’t the main aim BUT a by-product of what they intended.
Test for indirect intention is:
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).
Recklessness?
Defendant takes an unjustified risk (objective standard).
Recklessness is satisfied where:
(2 elements)
- Defendant personally foresees the risk (subjective)
AND - Defendant goes on to unreasonably take that risk (objective).
Negligence in criminal law?
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.
certain offences can be…
strict liability.
No mens rea for the corresponding actus reus for…
strict liability.
Strict liability offences normally consist of offences relating to:
health and safety, driving AND consumer protection.
