elements of a crime

Question 1

state the coincidence rule

Answer 1

actus reus and mens rea MUST occur at the same time.

Question 2

what is strict liability?

Answer 2

mens rea is not required for the crime to be proven ( no intent crimes)

Question 3

what is the definition of transferred malice?

Answer 3

mens rea is transferred from the intended victim to the actual victim

Question 4

list the 3 types of mens rea for criminal liability

Answer 4

1. gross negligence
2. intention
3. recklessness

Question 5

explain which case displays direct intent

Answer 5

Mohan - drives car at police man

Question 6

explain the case that shows oblique intent

Answer 6

Woolin - throws his baby at a window

Question 7

what is the rule for recklessness

Answer 7

Cunnigham recklessness - defendant is aware of the risk but takes it anyway

Question 8

which case explains the criteria for negligence

Answer 8

Adomako - anethasist and oxygen tube

Question 9

what is an act

Answer 9

doing something

Question 10

what is an ommission

Answer 10

failing to do something

Question 11

explain causation

Answer 11

defendants actions caused the end result ( consequence crime)

Question 12

state the test for explaining legal causation

Answer 12

de minimus (ds actions are more than a minimal factor in the final outcome)

Question 13

state the test for explaining factual causation

Answer 13

but for test - if ds actions didnt happen would the outcome have been different

Question 14

state the case and criteria for an intervening act

Answer 14

• r v Jordon - self healing injury, died due to meds
• a 3rd party, victims own act, a natural BUT unpredictable event

Question 15

what 3 ways can an actus reus be satisfied

Answer 15

1. act (wooley- needs to be voluntary)
2. ommissions
3. state of affairs ( larsonneur-guilty being somewhere)

Question 16

what are the 6 exceptions to ommissions NOT being the actus reus?

Answer 16

1. statutory obligation
2. relationship
3. duty taken on
4. contractual duty
5. duty of a public official
6. creating a dangerous situation

Question 17

what is the mens rea for direct intent

Answer 17

defendant desires outcome

Question 18

what is the mens rea for oblique intent

Answer 18

defendant is aware that the outcome is virtually certain