Criminal 1 - Actus + Mens Rea Flashcards
Burden and standard of proof
Legal burden on prosecution to prove all element, and disprove defence
Evidential burden on prosecution to provide sufficient evidence for each element.
Beyond a reasonable doubt
Partial defences - balance of probabilities
(defences to murder)
Actus reus
In statute or common law (murder)
Guilty act
May be
an act
consequences flowing from conduct
existence of circumstances at time of D’s conduct
Perjury - pure conduct - act rather than result criminalised.
Result crime - certain consequences must follow
State of affairs crime -
may be liable even if no control.
Particular set of circumstances
(drink driving spiked)
Omissions
May be possible for liability
General rule no liability.
Stranger does not owe obligation
Exceptions
Statutory offences -
failing to provide specimen of breath
parents duties
Common law offences -
under a duty to act and failed to do so
Duty arising out of contract -
failure to comply can lead to liability
Manslaughter - train track operator
Doctors and nurses
Emergency services
Lifeguards
Special relationship -
may incur liability (family)
Voluntarily undertakes to care for someone.
Creation of a dangerous situation -
duty to take reasonable steps to prevent harm from occurring.
Having become aware of it.
Causation
Actually caused the prohibited consequence
Have to prove both
Factual causation
but for
R v White - poison caused heart attack, not held liable as she died from heart failure
Must accelerate the death
Legal causation -
substantial and operating cause
Attributable to culpable act or omission
Need not be the sole case
‘Egg-shell’ skull rule
Chain of causation must not be broken
Victims acts -
free, deliberate and informed.
Does not apply to not seeking medical advice
Escape cases -
how foreseeable the response was.
Fright and flight response allowed.
-whether escape within range of reasonable responses
-whether victim response is proportionate to the threat
-whether it is so daft
-the fact that victim acting in agony of moment
Suicide -
may not break
Whether it was reasonably foreseeable victim would commit suicide.
Third party intervention -
D not liable if act free deliberate and informed, or is not reasonably foreseeable.
Human shield - police officer shot, still liable as reasonably foreseeable.
Medical negligence -
only where so grossly negligent it is ‘palpably wrong’.
Reluctant to rule
Still if substantive and operating cause.
Second cause must be so overwhelming, as t make original wound merely part of history.
Even if immediate cause, will not break.
Act of god -
may break with foreseeability being factor.
Mens rea
Guilty conduct
Guilty mind
No valid defnece
Intention
Most culpable
Direct -
D seeks to achieve perceived result of their actions
Legal test -
result is intended when accused purpose causes it
Indirect -
consequences D achieves by actus reus are a by-product
Legal test-
what D foresaw
virtually certain to occur?
Did D appreciate virtually certain to occur?
What the reasonable person would have foreseen.
Recklessness
Unjustified risk.
Less culpable.
Foresight of possible or probable consequences
Risk must be unjustified or unreasonable one to take
D must be aware of the risk and go on to take it.
Justification -
balance social utility
Subjective recklessness -
D had particular state of mind when took risk.
Must be subjective to be found.
Foresee a risk that might happen as a result of the behaviour, go on without justification to take the risk.
Negligence
Objective.
Inadvertent taking.
Fall below standard of reasonable person.
Strict liability offences
Not necessary to prove mens rea.
Food safety
Consumer protection
Misuse of drugs
Environment
Road Safety
Health and Safety
Look at statute to determine.
If not social context
Where behaviour truly criminal, courts reluctant to infer strict liability.
Statute says nothing, presumption that there is a mens rea (courts will infer).
E.g. drink driving (if spiked).
Transferred malice
R v Latimer -
damaged or stole wrong property
Malice transferred to other victim.
Limits -
actus reus is of same type of crime as D originally had in mind.
Intended and actual offence different cannot be transferred.
Reckless covers transferred malice so may not be necessary
Classification of offences
Basic intent -
intentionally or recklessly
Specific intent -
only intentionally
Ulterior intent -
some extra mens rea beyond act
(burglary with intent)
goes beyond basic mens rea
Coincidences of actus and mens rea
Must coincide (except exceptions)
Continuing act -
Fagan -
assault on continuing act of not moving car.
Consecutive acts as a single transaction
Public policy at play.
