Elements Of A Crime

Question 1

Actus Reus

Answer 1

Guilty act- physical parts of a crime
Voluntary act, must have control over actions

Question 2

Mens rea

Answer 2

Guilty mind, mental elements of a crime
Intention can be direct and indirect

Question 3

Direct intention

Answer 3

It’s the D’s sin purpose and desire (mohan)

Question 4

What is the Virtual certainty test and from what case

Answer 4

1) was death or serious injury a virtual certainty
2)did the D realise this

Woolin case

Question 5

Indirect intention

Answer 5

Not obvious the outcome
Court will apply virtual certinty test

Question 6

Transferred malice

Answer 6

Where the intention is transferred from the intended V to another (latimer)
Only be transferred between similar crimes (pemblinton)

Question 7

Coincidence rule

Answer 7

Actus Reus and men’s rea are continuing act, if they occur at some point the crime will be complete (church)

Question 8

Strict liability

Answer 8

These crimes don’t require men’s rea as long as they have the Actus Reus