Elements of Crime

Question 1

What is the actus reus of a crime.

Answer 1

The actus reaus elements of a crime refer to the physical elements: conduct, circumstances, consequences. These elements usually differ from one crime to the other.

Question 2

Is an omission to act considered an element of a crim2?

Answer 2

Yes, but the defendant must be held to be under an obligation or duty to act.

Question 3

What are the different duties imposed?

Answer 3

Duties imposed by contract, by relationship, voluntary assumption of duty, creation of a dangerous situation.

Question 4

What are crimes related to ommissions often referred to?

Answer 4

Result Crimes

Question 5

In result crimes, what must be proven?

Answer 5

The consequence must be proven both in fact and in law.

Question 6

What is factual causation?

Answer 6

Factual causation is satisfied using the but for test.

Question 7

What is legal causation?

Answer 7

Legal causation looks for an unbroken chain of causation. In law the defendant does not need to be the sole, or even the main cause, provided that defendant makes a more than minimal contribution the the result.

Question 8

What is (i) the actus reus, and (ii) the mens rea, of a crime?

Answer 8

1. The actus reus (literally, “guilty act”) refers to the physical element of an offence, and the mens rea (literally, “guilty mind”) refers to the mental element of an offence.

Question 9

Which features are commonly found in the actus reus of offences?

Answer 9

onduct, circumstances, and consequences are commonly found as part of the actus reus. Not all crimes require all three of these, and some crimes may have more than one of each element.

Question 10

Consider the following definitions of offences and, in each case, identify (i) the actus
reus elements, and (ii) the mens rea elements:
(i) Wounding or causing grievous bodily harm with intent – s.18 of the Offences
Against the Person Act 1861 provides:
―Whosoever shall unlawfully and maliciously by any means whatsoever
wound or cause any grievous bodily harm to any person … with intent … to
do some … grievous bodily harm to any person, or with intent to resist or
prevent the lawful apprehension or detainer of any person, shall be guilty of
[an offence]…‖

Answer 10

actus reus: wounding or causing GBH

mens rea: intention to do GBH or intent to resist or prevent lawful apprehension etc. (i.e. arrest)

Question 11

Consider the following definitions of offences and, in each case, identify (i) the actus
reus elements, and (ii) the mens rea elements:Burglary – s.9 of the Theft Act 1968 provides:
―(1) A person is guilty of burglary if -
(a) he enters any building or part of a building as a trespasser and with intent to
commit any such offence as is mentioned in subsection (2) below…
(2) The offences referred to in subsection (1) (a) above are offences of stealing
anything in the building or part of a building in question, of inflicting on any
person therein any grievous bodily harm, and of doing unlawful damage to the
building or anything therein.

Answer 11

actus reus: entry; building or part of a building; as a trespasser
mens rea: intention to steal, inflict GBH, or do unlawful damage
(NB: The element of “trespass” also requires mens rea as D must know or be reckless as to whether he is a trespasser – see Ch.9)

Question 12

What case is authority for the principle that a Defendant may voluntarily assume a duty of care.

Answer 12

R v Stone & Dobinson

Question 13

What is direct intention?

Answer 13

means that the consequence of a defendants act was the aim, purpose or desire.

Question 14

What is oblique intention?

Answer 14

refers to a denendants foresight of a virtually certain consequence

Question 15

What is Cunningham recklessness?

Answer 15

Cunningham recklessness means that a defendant was aware of the risk.

Question 16

Is Caldwell Recklessness still applicable?

Answer 16

No, Caldwell Recklessness does not apply since the ruling of R v G in 2003.

Question 17

What is transferred malice?

Answer 17

Transferred malice can occure whe a defendant has the mens rea and acts towards a victim, but it is another victim which ends up suffering from the actions of the defendant, even though it was not intended for that person to suffer. The same applies to property.

Question 18

In relation to the burden of proof falling to the prosecution, are there an exceptions and if yes, what are they?

Answer 18

17. The two main exceptions to the rule that the prosecution bears the burden of proof are the defenses of insanity and diminished responsibility.

Question 19

What are the different Mens rea states?

Answer 19

intention, recklessnes, malice, negligence and dishonesty.

Question 20

In operation, how important is timing in relation to the finding of mens rea and actus reus?

Answer 20

the actus reaus and mens rea must coincide at the same point in time. However, the courts are willing to be flexible with this requirements.