Criminal Liability Flashcards
Criminal Liability Key questions
- Has D performed a prohibited act?
- Was the act accompanied by a guilty state of mind?
- Does the defendant have a valid defence?
3 elements of criminal liability
Prohibited Conduct
Mental Element
Absence of a defence
Latin Maxim:
Actus non facit reum nisi mens sit rea
An act is not criminal in the absence of a guilty mind
What are the elements of an offence?
- the external element (actus reus)
2. the internal element ( mens rea )
How do you identify the elements of a defence?
To identify the elements of a defence you must start by locating the definition of the offence in question.
What is the definition of the offence of Murder?
Identify the internal and external elements of the offence of murder.
Murder is the unlawful killing of a human being with malice aforethought.
the external element (actus reus) - the unlawful killing of a human being
the internal element (mens rea) - malice aforethought
What is actus reus?
The actus reus of a crime comprises conduct, with or without a designated result, including the presence of any circumstances necessary for that conduct to be criminalized.
What is mens rea?
The mens rea of a crime, is the mental element, it requires proof that the accused was blameworthy in doing what he did. This can take one or more of the following forms: ( states of mind).
- Intention
- Recklessness
- Dishonesty
- Knowledge
** It is a fundamental ethical principle underpinning the criminal law that the state should only have authority to punish its citizens if they deserve it**
Defences - What do they do?
Defences are able to block criminal liability even if actus reus and mens rea are present.
Name some of the more common defences.
- Self defence
- duress
- necessity
- Insanity
- Automatism
Give an example of a defence to Murder.
Actus reus - Odette shoots Matthew
Mens rea - Odette intends to shoot Matthew
Defence - Odette shoots Matthew because she believes that Matthew is about to shoot her.
Odettes defence is self-defence*
Innocent until proven guilty, Burden of proof, what does it mean? What Standard of Proof is used?
Burden of Proof: The burden is on the prosecution to prove all of the elements of an offence with which a defendant is charged.
The prosecution must also do the disproving in respect to the accused’s defence where the defendant has provided some credible evidence that they may have been justified in acting as they did.
- Woolmington v DPP [1935] AC 462
Standard of Proof: The prosecution must prove their case beyond a reasonable doubt. - Crown Court Bench Book stipulates that;
“the prosecution proves its case if the jury, having considered all the evidence relevant to the charge they are considering, are sure that the defendant is guilty. If the jury are not sure they must find the defendant not guilty.
Beyond a Reasonable Doubt: In short:
- If the jury are sure that the defendant is guilty they should convict.
- If the jury are sure the defendant is not guilty they should acquit.
- If the jury are unsure if the defendant is guilty or not guilty they should acquit.
What does Criminal Liability require?
- Every ingredient of actus reus of an offence must be proved before a defendant may be found guilty.
- Every ingredient of the mens rea of an offence must be proved before a defendant may be found guilty.
- Every ingredient of a defence must be present for the defendant to have a successful and valid defence.
Intention
required mens rea for the offence of Murder
