Elements ( paper 1 part b)

Question 1

For an offence

Answer 1

both AR and MR must be present (coincidence rule)

Question 2

Actus non facit reum nisi mens sit rea

Answer 2

an act is not guilty unless the mind is also guilty

Question 3

3 types of crimes

Answer 3

-conduct crimes
-consequence crimes
-state of affairs crimes

Question 4

conduct crimes

Answer 4

when the AR is the prohibited conduct itself eg: drunk driving (s5a) of the Road Traffic Act 1988

Question 5

consequence crimes

Answer 5

when the crime is dependent on the result ( aka result crime)

Question 6

state of affairs crimes

Answer 6

criminal offences that don’t require AR

Question 7

Hill v Baxter

( D ignored a road sign which resulted in a crash, D later claimed not to remember anything before the crash and said it was automatism)

Answer 7

D was convicted as there wasn’t any real evidence to support it. Court gave examples drivers couldn’t be said to be doing an involuntary act of driving eg: swarm of bees, stuck in the head with a stone, having a heat attack

Question 8

R v Larsonneur

( D- Frenchwoman, was ordered to leave the UK and went to the Republic of Ireland. She was immediately sent back to the UK where she was arrested and convicted)

Answer 8

conviction as despite her actions not being voluntary she met the requirements for the AR

Question 9

‘Good Samaritan’ principle

Answer 9

rules based on morals
-what we think is right & wrong?
-no such thing in English law ( except if the accused is under a duty to act - may be liability for omission)

Question 10

Miller
(creating a dangerous situation & failing to rectify it)

Answer 10

there was a duty to act as he created the dangerous situation in which he failed to take steps to put out the fire out or call the fire brigade

Question 11

Gibbins and Proctor (a parental duty to act -family/ special relationship)

Answer 11

They were guilty of murder as they were under a duty to act and look after the child, failing to do so was an omission

Question 12

Pittwood (employment/ contractual duty )

Answer 12

the rail keeper was liable for manslaughter as it was his contractual duty to act

Question 13

Stone and Dobinson ( duty of carers/ assumption of responsibility)

Answer 13

D’s were liable for her death as they had assumed a responsibility to her by taking her in. They failed to look after her and ensure she got the medical help she needed

Question 14

DYTHAM ( duty through an official position)

Answer 14

D was under a duty to act due to his office and failure to do so resulted in an omission

Question 15

Act of Parliament

Answer 15

s170 Road Traffic Act 1988

s1 Children and Young Person Act 1995