ELEMENTS OF A CRIME Flashcards
What does Actus Reus mean?
It is Latin for ‘guilty act’ and one of the elements needed to prove a criminal offence.
What does Mens Rea mean?
It is Latin for ‘guilty mind’ and one of the elements needed to prove a criminal offence.
What does the presumption of innocence mean?
Innocent until proven beyond reasonable doubt.
What is the case R v Miller (1982)
The defendant was squatting in a building. He lay on a mattress, lit cigarette and fell asleep. Sometime latter, he woke up to find the mattress on fire. Making no attempt to put the fire out, he simply moved into the next room and went back to sleep. The house suffered serious damage in the subsequent fire. Miller was convicted of arson. As the fire was his fault, the court was prepared to treat the actus reus of the offence as being his original act of dropping the cigarette
What is the case R v Miller (1982)
The defendant was squatting in a building. He lay on a mattress, lit cigarette and fell asleep. Sometime latter, he woke up to find the mattress on fire. Making no attempt to put the fire out, he simply moved into the next room and went back to sleep. The house suffered serious damage in the subsequent fire. Miller was convicted of arson. As the fire was his fault, the court was prepared to treat the actus reus of the offence as being his original act of dropping the cigarette.
What is an Omission?
A failure to act, an omission will constitute an actus reus and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty.
What is a Supervening Act?
A person who is aware or ought to have been aware that he or she has created a dangerous situation and does nothing to prevent the relevant harm occurring may be criminally liable, with the original act being treated as the actus reus.
What is the case Attorney General’s reference (no.3 of 1994)?
The defendant had attacked his pregnant girlfriend. This had caused the baby to be born prematurely and though born alive, the child died shortly afterwards. The defendant was found liable not just for non-fatal offence against the mother but also for a fatal offence against the child.
What is the case CP ( A Child) v First-Tier Tribunal (Criminal Injuries Compensation) (2014)?
A child sought compensation from the Criminal Injuries Compensation Authority for harm suffered by the excessive alcohol consumption of his mother while she was pregnant. In order for this compensation to be payable, a crime must have been committed by the mother. The claim was rejected. No crime was committed, it was argued that the crime of poisoning is defined in the Offences Against the Persons Act 1861 as being committed against ‘another person’. The foetus is not a person in law. Though the person had been born alive, the doctrine of a continuous act could not be applied on these facts because the poisoning had stopped and there was no fresh harm.
