elements of a crime and AR

Question 1

Actus reus

Answer 1

conduct/external element

Question 2

Mens Rea

Answer 2

mental/ fault element

Question 3

contemporaneity

Answer 3

both elements must be contemporaneous
Fagan v metropolitan police (continuing act)
Thabo meli v R (MR then AR)

Question 4

doe the AR need to be a voluntary act?

Answer 4

yes

Question 5

liability for omissions

Answer 5

not guilty for omissions unless you were under a duty to act

Question 6

6 circumstances where a duty arises

Answer 6

automatic duties
statutory duties
duties by law enforcement
contractual duties
assumption of responsibility
creation of danger

Question 7

automatic duties

Answer 7

spouses- r v smith
parent/child- Gibbons and proctor
doctor/patient

Question 8

statutory duties

Answer 8

e.g road traffic act- failing to supply a breath for a breathaliser
children and young persons act- wilful neglect of a child

Question 9

duties of law enforcement

Answer 9

r v dytham- duty of a police officer to act

Question 10

contractual duty

Answer 10

r v pittwood- railway keeper closing gate

Question 11

assumption of responsibility

Answer 11

the d has voluntarily assumed responsibility for the wellbeing of the victim
R v stone and Dobinson- d voluntarily took responsibility for partners sister

Question 12

creation of danger

Answer 12

where the d created a dangerous situation and failed to prevent harm as a result
R v Miller

Question 13

what must be proven for AR causation

Answer 13

factual causation
legal causation

Question 14

factual causation

Answer 14

but for the ds act the ds actions would the result have occurred?
R v white- v would have died of a heart attack anyway
R v Hallett- v drowned after d left him unconscious on beach

Question 15

legal causation

Answer 15

where the ds actions an operating and substantial cause to the harm (not the sole cause)
R v smith- soldier dropped/ wrong treatment after being stabbed

Question 16

break in chain of causation

Answer 16

intervening act makes ds act no longer an operating and substantial cause
3 ways:
act of a third party
victims own actions
natural but unpredictable event

Question 17

acts of a third party

Answer 17

the free, deliberate and informed intervention of a secon person
R v cheshire- the negligent treatment must be so independent to cause the death
R v smith- dropping wounded soldier
Malcherek v steel- doctors trying to save life but failing does not amount to a break in the chain of causation

Question 18

victims own actions

Answer 18

when the v enganges in a free, voluntary and informed act that renders the original cause
R v Blaue- thin skull rule (omission does not break chain)
kennedy- victims own actions of injecting drugs

Question 19

natural events

Answer 19

a natural event will not normally break the chain on unles it is so abnormal and extrodinary
R v Rafferty- deliberate drowning to third partu