Elements of Liability Flashcards
What are three requirements for a criminal offence to occur?
- Actus reus
- Mens rea
- Occuring at the same time
What name is given to offences that don’t require a mens rea, just the actus reus (e.g. driving under the influence)?
Strict liability offences
Generally, an _______ to act cannot be the basis of a criminal offence
omission
What is the exception to the rule that omissions can’t be the basis of a criminal offence (2 requirements)?
- D had a duty to act; and
- Breached that duty
What are 5 ways a duty to act can be imposed on a D?
- Statute
- Close relationship
- Voluntary assumption of duty
- Contract
- Dangerous situation created by D
Can a person be free to damage their own property and not commit an offence?
Yes
What is a result crime?
A criminal offence where the actus reus requires proof of a particular outcome being caused
What are the 2 causation tests for criminal offences?
- Factual causation (aka the ‘but for test’)
- Legal causation
What are 2 things D’s actions must be to satisfy the legal causation test? And what do these terms mean?
- Substantial = more than minimal, slight, or trifling
- Operative = no other act intervened and broke the chain of causation
What is meant by the thin skull rule?
D must take their victims as they find them e.g.., special vulnerabilities or religious grounds does not break the chain of causation
What is meant by direct intention?
Something that was D’s aim or purpose
What are the 2 elements of indirect (oblique) intention?
- Outcome of D’s action was a virtual certainty
- D realised it was a virtual certainty
For what type of offences can indirect intention apply to?
Specific intent offences
Are attempt offences always specific intent offences?
Yes
What are specific intent offences?
Offences that require the mens rea to be intention
Give 5 examples of specific intent offences
- s18 GBH
- Murder
- Theft
- Robbery
- Burglary
What are basic intent offences?
Offences that can have a mens rea of intention or recklessness
Give 6 examples of basic intent offences
- s20 GBH
- ABH
- Battery
- Assault
- Criminal damage
- Arson
What is transferred malice?
Where D has the intention to commit an offence against V1, but inadvertently commits it against V2. The intent is transferred to V2 and the mens rea requirement will be satisfied
When transferred malice applies, can D be charged with and found guilty of 2 offences? If so, what would these be?
Yes - completed offence against V2 and attempted offence against V1
What are the 2 requirements for the mens rea of recklessness to apply?
- D subjectively forsees a risk and carries out the act anyway
- Unreasonable risk for D to take in all circumstances
What are the two requirements for an act to be done negligently?
- Where D owed a duty of care; and
- Breached the standard of care expected
