Conduct element

Question 1

Actus Reus

Answer 1

The criminal act, conduct element of the offence

Question 2

Mens Rea

Answer 2

The mental element of the offence (intention, recklessness, negligience) Guilty mind

Question 3

3 components of AR

Answer 3

• Proof that D did a particular act
• Proof that the act caused a particular result
• Proof that the act or result occured in certain circumstances

Question 4

Conduct Crimes

Answer 4

Only need proof that D did the act

Question 5

Result crimes

Answer 5

Need proof that D did the act and that the act caused a particular result

Question 6

Fundamental element of criminal liability

Answer 6

Voluntary Conduct on D’s part

Question 7

Voluntary Conduct

Answer 7

Bodily movement which is appropriate to some action which a person believes himself to be doing - Proof is required for AR

Question 8

Act

Answer 8

Intentional, accompanied by the experience of acting (intent to perform the act)

Question 9

Exceptions to voluntary conduct

Answer 9

• Ommissions
• Crimes that only prove state of affairs
  (drug posession, drunk driving)
• Actions of another

Question 10

Doctrine of innocent agency

Answer 10

If A causes B (insane or child) to cause harm to another, A is criminally responsible for the consequences of B’s act

Question 11

Conclusion in Kilbride and Lake

Answer 11

Disregarding MR, a person cannot be criminally responsible for an act or ommission unless it was done or ommitted in circumstances where there was some other course open to him. If AR is committed involuntarily then D cannot be convicted

Question 12

Conclusion in Larsonneuer

Answer 12

Voluntariness refers to the presence of free will in the act
Breach of Aliens Order 192- is a strict liability offence even when ones actions are involuntary

Question 13

Strict Liability Offence

Answer 13

Only AR matters

Question 14

Temporary Unconsciousness that is accidental

Answer 14

Defence of automatism

Question 15

Involuntary act due to disease of the mind

Answer 15

Guilty but Insane

Question 16

Prior fault case

Answer 16

Jiminez v the Queen

Question 17

Automatism

Answer 17

The performance of actions without conscious thought or intention

Question 18

An act is NOT involuntary when / No automatism when

Answer 18

• An act is NOT involuntary simply because D does not remember it
• Nor where D could not control and impulse to act
• Nor becuase it was unintentional and the consequence was unforseen
• Involuntariness produced by intoxication is excluded from the defence