Defences and Definition of offences

Question 1

What is the actus reus?

Answer 1

For result crimes - causation
Factual causation - BUT FOR TEST - if you eliminate defendants act would the harm still have occurred
Legal causation - defendant needs to be the operating and substantial cause of consequence

Question 2

What breaks legal causation?

Answer 2

Acts of third parties - IF FREE, DELIBERATE AND INFORMED
Acts of victim - if reasonably foreseeable - or it is not daft and unexpected
Medical negligence - if so overwhelming will chain be broken

Question 3

When can an omission be liable?

Answer 3

General rule is no.
EXCEPTIONS
Under a legal duty to act
Voluntary assumption of a duty of care
Breach of a contractual duty
Defendant creates a dangerous situation
Public office holder

Question 4

What is mens rea?

Answer 4

1.Intention -
Direct intention - aim or purpose - subjective test
Indirect/oblique intention - where something is manifestly dangerous and the result wasn’t the aim but it was VIRTUALLY CERTAIN

2. Recklessness - R v G
   - At the time D was subjectively aware of risk
   - In circumstances it was OBJECTIVELY unreasonable to take that risk

3.Knowledge and belief - like handling stolen goods

4.Dishonesty - Ivey Genting

5. Negligence

Question 5

As there needs to be coincidence of actus reus and mens rea - exceptions?

Answer 5

Continuing act theory
One transaction principle
Transferred malice - but mens rea has to be for the same crime

Question 6

Intoxication as a defence?

Answer 6

It negates the mens rea
Prosecution need to prove beyond reasonable doubt that the D commuted the AR with necessary MR. If due to intoxication did not form the mens rea then could be acquitted

Question 7

Involuntary intoxication which negates the MR?

Answer 7

Available for any offence
MUST NOT FORM MENS REA IN INTOXICATED STATE

Question 8

Voluntary intoxication to negate mens rea?

Answer 8

COULD BE A DEFENCE TO SPECEFIC INTENT CRIMES NOT RECKLESSNESS.
Test is - if they would have done the same thing sober and still would not have formed intention

Question 9

Consent as a defence?

Answer 9

General rule - only available to assault or battery
CANT CONSENT TO HARM - Unless did not forsee that risk - Meachen

Exceptions
- Medical treatments
-sport
-horseplay
-Tattooing
-Sexual gratifcation

Question 10

Self defence?

Answer 10

Complete defence
2 part test
Defendant honestly believed the force was necessary - subjective
Defendants level of force was objectively reasonable from their point of view

Defendant musts satisfy that there is some evidence for this basis, but prosecution must prove beyond reasonable doubt that force was not proportionate

Question 11

Self defence and householder cases?

Answer 11

What is a ‘householder case’?
- Protect themselves or another
- Used force whilst in dwelling or part of a building
- D is not a trespasser at the time the force is used
- D believed the victim to be in or entering the building as trespasser.

Denby Collins
- If its not grossly disproportionate
- If not was it reasonable
Essentially more lenient if it occurs in a dwelling and more lenient to a householder