elements of a crime W 2 L 1

Question 1

What does “Actus non facit reum, nisi mens sit rea” mean?

Answer 1

An act is not necessarily a guilty act unless the accused has the necessary state of mind for that offense.”

Question 2

q: What are the two essential elements required for criminal liability?

Answer 2

a: Actus Reus (the physical act) and Mens Rea (the mental state).

Question 3

q: What is criminal liability?

Answer 3

a: The legal responsibility an individual has if they commit a criminal act.

Question 4

q: How does criminal liability differ from civil liability?

Answer 4

a: Criminal liability involves intent or negligence, while civil liability focuses on harms or breaches without requiring criminal intent.

Question 5

q: What must be proven to establish criminal liability?

Answer 5

a: Both actus reus (the physical act) and mens rea (the mental state).

Question 6

q: What is actus reus?

Answer 6

a: The physical action involved in a crime, such as killing or assault.

Question 7

q: What is mens rea?

Answer 7

a: The mental intent or recklessness regarding the crime.

Question 8

q: What must the prosecution prove to secure a conviction?

Answer 8

a: That actus reus and mens rea existed simultaneously.

Question 9

q: What are the actus reus and mens rea for murder?

Answer 9

a: Actus reus: Killing another person. Mens rea: Intention to kill or cause serious injury.

Question 10

q: What are the actus reus and mens rea for theft?

Answer 10

a: Actus reus: Taking someone else’s possession. Mens rea: Intention to deprive them of it.

Question 11

q: What are the actus reus and mens rea for rape?

Answer 11

a: Actus reus: Non-consensual intercourse. Mens rea: Intention or recklessness regarding consent.

Question 12

q: What is actus reus?

Answer 12

a: The external, physical component of a crime.

Question 13

q: Must actus reus be voluntary?

Answer 13

a: Yes, the act must be willed by the defendant.

Question 14

What is a “state of affairs” crime?

Answer 14

a: A crime based on a situation or status, such as being drunk in charge of a vehicle.

Question 15

What happens if an act is involuntary?

Answer 15

a: The defendant cannot be held criminally liable.

Question 16

q: What is the defense of automatism?

Answer 16

a: A defense where the act was involuntary due to lack of control over the body.

Question 17

q: What example of automatism was given in Bratty v AG for Northern Ireland (1963)?

Answer 17

a: Acts done without mind control, such as actions while sleepwalking or during seizures.

Question 18

q: What are result crimes?

Answer 18

a: Crimes requiring a specific result, like murder or assault.

Question 19

q: What are conduct crimes?

Answer 19

a: Crimes where the conduct alone is enough, like perjury or possession.

Question 20

q: What case illustrates a ‘state of affairs’ crime?

Answer 20

Crimes that arise from a situation or status, like being intoxicated while in charge of a vehicle (Larsonneur case).

Question 21

q: What is the chain of causation?

Answer 21

a: A connection between the accused actions and the result, proving the accused caused the harm.

Question 22

q: What is novus actus interveniens?

Answer 22

a: An intervening act that breaks the chain of causation, shifting responsibility away from the original act.

Question 23

q: What is the egg-shell skull rule?

Answer 23

The defendant is liable for all consequences, even if the victim has a pre-existing vulnerability.

Question 24

q: What happened in R v White (1910)?

Answer 24

a: White poisoned his mother, but she died of an unrelated heart attack. He was acquitted of murder but convicted of attempted murder.

Question 25

q: What was the court ruling in DPP v Davis (2001)?

Answer 25

a: The defendant’s actions were more than minimally related to the victim death, satisfying causation in Irish law.

Question 26

q: What is the standard for causation in England and Wales?

Answer 26

a: The conduct must be the operating and substantial cause of the result.

Question 27

q: What is the standard for causation in Ireland?

Answer 27

a: The conduct must be related to the result in more than a minimal way.