Concepts of AR, MR and Causation Flashcards
Define Actus Reus
The actions resulting in criminal outcome.
Potential types of Actus Reus
Act, Omission or State of Affairs
Define an “Act” + case
A voluntary act (D has control over their own actions, Hill v Baxter)
Define “Omission”
Failure to act.
Define “State of Affairs” + Case
D finds himself in a set of circumstances which are enough for the AR even though he didn’t act voluntarily. (Larsonneur)
Circumstances where omission is accepted AR
Duty arising from conduct, Voluntary duty, Contractual duty, Official position, Duty arising from relationship
Contractual duty case
R v Pittwood
Duty arising from relationship case
R v Gibbins & Proctor
Voluntary Duty case
R v Stone & Dobinson
Official Position case
R v Dytham
Define Mens Rea
The mental element of a crime.
Types of intent
Direct, indirect, recklessness, negligence
Oblique/indirect intent case
Woolin
Virtual Certainty Test
Used to apply oblique intent: Was the consequence virtually certain as a result of D’s actions, and did D realise this?
Subjective Recklessness definition + case
D knows there is a risk but takes it anyway, and risk is unjustified (Cunningham)
