Elements of a Crime - Actus Reus

Question 1

Elements if criminal liability

Answer 1

• Prosecution must prove ECHR Article 6 - innocent until proven guilty
• Mens rea - aforethought malice

Question 2

Actus non facit reum nisi mens sit rea

Answer 2

The act itself doesn’t constitute guilt unless done with a guilty (or blameworthy) state of mind’ per Lord Hailsman in Haughton v Smith [1975] AC 476, at p.491

Question 3

Criminal culpability is derived from two factors…

Answer 3

Actus Reus; The guilty act
Men’s Rea; The guilty mind

Question 4

Elements of murder

Answer 4

The unlawful killing of a person in the King’s peace with an intention to cause death or grievous bodily harm to the victim (Lord Coke)

Question 5

Elements of criminal damage

Answer 5

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence (S.1 Criminal Damage Act 1971)

Question 6

Principles of Actus Reus

Answer 6

• D must have acted voluntarily

Question 7

Offences can be committed via;

Answer 7

a. Actions
b. Omissions
c. A situation
d. Possession

Question 8

Battery definition

Answer 8

D intentionally or recklessly touches or applies force to the victim

Question 9

Theft definition

Answer 9

D dishonestly appropriated property belonging to another with intention to permanently deprive

Question 10

Criminal damage

Answer 10

Defendant intentionally or recklessly destroys or damages property belonging to another

Question 11

Voluntary Act

Answer 11

• Theoretical basis of autonomy
• Involuntary act - force, automatism, necessity
• Normally requires a positive act

Question 12

Involuntary Conduct

Answer 12

• Link between mind and behaviour was absent or distorted

Question 13

Two types of involuntary preformance

Answer 13

• Uncontrollable behaviour; fits/reflex actions
• Behaviour proceeding from a lack of consciousness
  Both apply equally to offences committed by omissions

Question 14

Involuntary performance and automatism criteria

Answer 14

1. D must have no control whatsoever on his actions
2. D must have evidence of lack of control (Cook v Atchison 1968)
3. D will be judged either insane (discharged) or in a state or automatism (acquitted)

Question 15

Automatism limitations

Answer 15

• External/internal distinctions (insane v non insane automatism)
• Automatism through intoxication (Coley 2013/Lipman 1970)
• Prior Fault (Bailey 1983)/subjective recklessness

Question 16

What loss of comtrol?/No defence of automatism when…

Answer 16

• There must be a complete loss of voluntary control
• D cannot plead automatism if responsible for causing own condition

Question 17

Omissions definition

Answer 17

Criminal liability for failing to act

Question 18

Duties of Omissions arise via…

Answer 18

1. Statute eg. Road Traffic Act 1990
2. Assuming public office: Dytham [1979]
3. An acquired duty one undertakes eg. contract or voluntarily undertaking to care for a helpless person

Question 19

Ways of acquiring and undertaking a duty…

Answer 19

1. Under a contract: Pittwood (1902)
2. Via a special relationship between D and V: Bonnyman (1942)/Gibbons v Proctor (1918)
3. Voluntarily undertaking to care for a helpless person

Question 20

Ways of acquiring and undertaking a duty… (cont)

Answer 20

4. Where D creates a dangerous situation; Miller [1983]
5. Via new and emerging categories like joint perpatration; Wacker [2003]

Question 21

Controversial area

Answer 21

At what point should a moral duty give rise to a legal duty?

Question 22

Causation definition

Answer 22

The relationship between conduct and consequences
Can be direct or indirect

Question 23

Causation Tests

Answer 23

Factual: ‘but for’ D’s conduct would the consequence have occurred?
Legal: is the outcome one D should be considered responsible for?

Question 24

Legal Causation criteria

Answer 24

1. Can the accused act’s fairly be said to have made a significant contribution to the victims death?
2. Link between D’s act and the result must not be ‘slight or trifling’
3. To be significant must be relevant or operation cause - still in effect at the time of death

Question 25

Novus Actus Interveniens - who is responsible?

Answer 25

• If intervening act is free, deliberate and informed. it will break casual chain

Question 26

Third party intervening act

Answer 26

A free, voluntary and informed act of a third party which renders the original act no longer a significant cause of the result

Question 27

Act of third party breaking the casual chain

Answer 27

1. Must be free, voluntary and informed
2. Where a person is not acting voluntarily, their action will not be a NAI
3. Where a person is acting in a way which is justified his or her action if not free, voluntary or informed
4. If a person does not know the circumstances of their action it may not break the chain of causation

Question 28

Natural events breaking causal chain

Answer 28

• Natural event will not normally break chain of causation
• Where there is a freak of nature, it may break the chain of causation