Elements of Liability

Question 1

What are three requirements for a criminal offence to occur?

Answer 1

1. Actus reus
2. Mens rea
3. Occuring at the same time

Question 2

What name is given to offences that don’t require a mens rea, just the actus reus (e.g. driving under the influence)?

Answer 2

Strict liability offences

Question 3

Generally, an _______ to act cannot be the basis of a criminal offence

Answer 3

omission

Question 4

What is the exception to the rule that omissions can’t be the basis of a criminal offence (2 requirements)?

Answer 4

1. D had a duty to act; and
2. Breached that duty

Question 5

What are 5 ways a duty to act can be imposed on a D?

Answer 5

1. Statute
2. Close relationship
3. Voluntary assumption of duty
4. Contract
5. Dangerous situation created by D

Question 6

Can a person be free to damage their own property and not commit an offence?

Answer 6

Yes

Question 7

What is a result crime?

Answer 7

A criminal offence where the actus reus requires proof of a particular outcome being caused

Question 8

What are the 2 causation tests for criminal offences?

Answer 8

1. Factual causation (aka the ‘but for test’)
2. Legal causation

Question 9

What are 2 things D’s actions must be to satisfy the legal causation test? And what do these terms mean?

Answer 9

1. Substantial = more than minimal, slight, or trifling
2. Operative = no other act intervened and broke the chain of causation

Question 10

What is meant by the thin skull rule?

Answer 10

D must take their victims as they find them e.g.., special vulnerabilities or religious grounds does not break the chain of causation

Question 11

What is meant by direct intention?

Answer 11

Something that was D’s aim or purpose

Question 12

What are the 2 elements of indirect (oblique) intention?

Answer 12

1. Outcome of D’s action was a virtual certainty
2. D realised it was a virtual certainty

Question 13

For what type of offences can indirect intention apply to?

Answer 13

Specific intent offences

Question 14

Are attempt offences always specific intent offences?

Answer 14

Yes

Question 15

What are specific intent offences?

Answer 15

Offences that require the mens rea to be intention

Question 16

Give 5 examples of specific intent offences

Answer 16

1. s18 GBH
2. Murder
3. Theft
4. Robbery
5. Burglary

Question 17

What are basic intent offences?

Answer 17

Offences that can have a mens rea of intention or recklessness

Question 18

Give 6 examples of basic intent offences

Answer 18

1. s20 GBH
2. ABH
3. Battery
4. Assault
5. Criminal damage
6. Arson

Question 19

What is transferred malice?

Answer 19

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

Question 20

When transferred malice applies, can D be charged with and found guilty of 2 offences? If so, what would these be?

Answer 20

Yes - completed offence against V2 and attempted offence against V1

Question 21

What are the 2 requirements for the mens rea of recklessness to apply?

Answer 21

1. D subjectively forsees a risk and carries out the act anyway
2. Unreasonable risk for D to take in all circumstances

Question 22

What are the two requirements for an act to be done negligently?

Answer 22

1. Where D owed a duty of care; and
2. Breached the standard of care expected