Chapter 13- Actus reas and mens rea

Question 1

what is the meaning of Fault

Answer 1

Refers to some form of wrongdoing

Question 2

What are the 2 elements that must prove that a defendant is guilty of fault

Answer 2

-actus reas
-mens rea

Question 3

what refers to conduct of a crime and result of a crime

Answer 3

Conduct- This occurs when the conduct of the defendant is a result of the offence
Result crime- This occurs when the results elements are necessary for the crime to be committed

Question 4

Describe Actus rea

Answer 4

This refers to the physical elements of the crime: This could either be through conduct, an omission or state of affairs

Question 5

Describe Mens rea

Answer 5

Refers to the mental element of the crime, what the intentions were, thinking to do or failed to think to do.

Question 7

Describe the voluntary act of actus rea and give an example case

Answer 7

-This is when the defendants own act which has been voluntarily done leads to a consequence
>Hill v Baxter
-A man ignored a halt sign and his van crashed. There was no evidence of him proving that he did not recall seeing a sign therefore he was held liable

Question 8

Describe A state of Affairs and give an example case

Answer 8

This is a rare instance and usually occurs when the act of the defendant has lead to a consequence however the act was involuntary
>R v Larsonneur
-A French woman was to be deported from the UK. She went to Ireland however was FORCED back to the UK and was arrested.

Question 9

Describe an omission in actus rea and an example case

Answer 9

This occurs when a defendant fails to do an act and it leads to a consequence
>R v Pittwood
-A man was in charge of opening and closing the gates between a road and a railway line. One day, he failed to close the gate resulting into a cart getting into an accident

Question 10

List 3 relationships that could lead to an omission in actus rea

Answer 10

• A contractual duty to act exists
• a duty exists because of the relationship between the victim and the accused (R v Gibbons and Proctor)
• a duty exists due to the defendant creating a chain of events that lead to the consequence (R v Miller)
• a duty towards the victim has been done voluntarily (R v stone and Dobinson)
• A duty to act arises as a consequence of the accused’s official position (R v Dytham)

Question 11

Describe causation

Answer 11

This is when the actions of the defendant must be proved that the consequence happened as a result of those actions

Question 12

What are the 2 types of causation and describe them

Answer 12

Factual/ ‘but for test’- This is when the defendant is guilty for there actions had they not happened the consequence wouldn’t have occurred
Legal / The thin skull rule-This is when the victim has something that is unusual or is a mentally/ physically defect that gets worse due to the act of a defendant

Question 13

Use an example case to explain the ‘but for test’

Answer 13

R v Pagett- A man used his pregnant girlfriend as a shield during a shoot out and she died as a result. He was held liable as if it were not for him pushing her to be a shield, she wouldn’t have died in that way

Question 14

Use an example case to explain the thin skull rule

Answer 14

R v Blaue
-A victim was stabbed in the stomach and needed a blood transfusion however denied having one as her religion did not permit it. The defendant was still held liable as if it weren’t for being stabbed, she wouldn’t have died

Question 15

Give examples of instances that lead to the chain of causation breaking

Answer 15

-A third party act
-The victims own act
-An act of God

Question 16

Give an example case of A third party breaking the chain

Answer 16

R v Smith
-a victim was stabbed on the stomach and was taken to the hospital. However the injury was made worsedue to a medical malfunction. Had that not happen, the victim would have had a 75% chance of surviving

Question 17

Give an example case of the victims own act breaking the chain

Answer 17

R v Roberts
-A girl jumped out of the car and got serious injuries. she jumped due to the defendant making sexual advances to her.

Question 18

what are 3 levels used to describe mens rea

Answer 18

-Intention
-Recklessness
-Transfered malice

Question 19

Describe intention in mens reas and give an example case

Answer 19

This is when the defendant has decided to bring about the consequence
R v Mohan
-the defendant refused to stop when the officer told him to and instead drove straight towards him to scare or injure him

Question 20

What is the problem of proving intention cases

Answer 20

Proving that the defendant foresaw the consequences of their actions

Question 21

Describe Recklessness and give an example case

Answer 21

This is the taking of an unjustifiable risk
R v Cunningham
- The defendant tore a gas meter and it affected the next house. Howevere, he was not guilty as he did not forsee the consequences of his actions nor did he intend them.`

Question 22

Describe Transferred Malice and give an example case

Answer 22

-when the defendant committed a crime but against a different victim and not the intend victim
Latimer
A man intended to strike another man with his belt however it ended up striking a woman present at the scene

Question 23

For an offence to take place, both mens reas and actus reas, this is known as what rule?

Answer 23

Contemporaneity rule

Question 24

Give an example case of both the mens rea and the actus reas being present

Answer 24

Fagan v Metropolitan Police commissioner
-Fagan was told to park by a police officer. Accidentally the car tyre drove onto the police mans foot. Fagan told him he could wait as he moves. Mens reas- telling him to wait knowing that car was on his foot
Actus reas- the car putting force on his foot.