Chapter 3: Elements of Liability

Question 1

A criminal offence usually requires concurrence, what is this?

Answer 1

The physical act (the actus reus) and mental state (mens rea) occurring at the same time

Question 2

What is a result crime?

Answer 2

A crime requiring a certain outcome for an offence to be committed.

E.g. If a person is stabbed, a murder will only occur if the result of the stabbing is death

Question 3

What two stage test is used to determine whether a result crime has occurred?

Answer 3

1. Factual causation - the ‘but for’ test
2. Legal causation - D’s actions must be the substantial and operative cause

Question 4

What are the requirements for indirect intention to arise?

Answer 4

The result of the defendant’s act was:

1. A virtually certain consequence of their conduct; and
2. Realised by the defendant as being virtually certain.

Question 5

For what type of crimes is indirect intention available to?

Answer 5

• Indirect intention is available only for specific intent offences
• Never applies to basic intent offences

Question 6

If a defendant is charged with a basic intent offence, can they rely on indirect intention?

Answer 6

No, but they can rely on recklessness as an alternative

Question 7

What are specific intent offences?

Answer 7

• Offences specifying intention as the only form of mens rea
• Can only be committed intentionally

Question 8

What are some examples of specific intent crimes?

Answer 8

Murder, s18, robbery, s9(1)(a) burglary, fraud by misrepresentation

Question 9

Is an attempt to commit a crime specific intent or basic intent?

Answer 9

A failed attempt to commit a crime is a specific intent crime, even if the crime attempted is not in itself a specific intent

Question 10

What is the requirement for recklessness?

Answer 10

1. The defendant foresees the risk from the act and continues regardless
2. In all circumstances known to the defendant, the risk must be unreasonable to take (objective)

Question 11

What are some examples of crimes where a defendant can be reckless?

Answer 11

Assault, battery, s20, criminal damage

Question 12

What is the mens rea for offences of negligence?

Answer 12

1. Did the defendant owe a duty of care?
2. Did the defendant breach the standard of care expected?

The standard is objectively assessed

Question 13

Corporations can be held liable for criminal acts. What type of crimes are difficult to prosecute?

Answer 13

A crime requiring a mental state