CRIMINAL - GENERAL ELEMENTS

Question 1

BURDEN OF PROOF

Answer 1

Woolmington v DPP 1935 - The prosecution must prove the case BEYOND ALL REASONABLE DOUBT

Question 2

ACTUS REUS

Answer 2

The guilty act.
May involve conduct (requiring a specific behaviour), result (a specific result occurring) or State of Affairs (where the actus reus consists of ‘being’ rather than ‘doing’, e.g. R v Larsonneur)

Question 3

R v Larsonneur, Winzar

Answer 3

State of affairs crimes + absolute liability

Question 4

OMISSION

Answer 4

Arises from a failure to act when they had a duty to.
- Statute, e.g. s6 Road Traffic Act 1988 = illegal to refuse to give a breath sample
- Contract, e.g. R v Pitwood
- Special relationship, e.g. R v Gibbons and Proctor
- Duty of care, e.g. R v Stone and Dobinson
- Defendant inadvertently made a dangerous situation but failed to rectify it, e.g. R v Miller

Question 5

MENS REA

Answer 5

General presumption is that a guilty mind is required for the offense to have occurred, i.e. intention, recklessness, negligence
DIRECT INTENTION - R v Mohan, specifically desiring the consequences of their actions
OBLIQUE INTENTION - R v Nedrick as confirmed by R v Woollin, the consequences are virtually certain and foreseeable to the defendant.
RECKLESSNESS - R v G, the taking of an unjustified risk
NEGLIGENCE - Falling below the stand of the reasonably competent person