Evolution Of The Offence

Question 1

What is a Crime?

Answer 1

An act that has been criminalised in legislation

Question 2

What does a crime consist of?

Answer 2

1: ACTUS REA
Commission of a guilty act

2: MENS REA
Presence of a guilty mind

Question 3

Can offences occur if one of Mens Rea and Actus Rea dont occur?

Answer 3

No, you must have both.

It is not an offence to think about committing a crime (Mens Rea) and not actually do it (Actus Rea)

And if you do the act of the crime (Actus Rea), you can do it without having the Mental intent (mens rea).

Question 4

What does Mens Rea generally consist of

Answer 4

Intention and recklessness

Question 5

For a crime to be committed, what needs to occur?

Answer 5

Mens Rea (guilty mind - knowledge or recklesness) needs to coincide with the Actus Rea (physical act)

Question 6

What is intention?

Answer 6

It is the Mens Rea

The accused intends to bring about the elements of the offence

Question 7

In Criminal Law context, how many type of inent are there?

Answer 7

Two specific types of intent

1: Intention to commit the act

2: Intention to get a specific result

Question 8

What is a deliberate act?

Answer 8

The act or omission must be more than involuntary or accidental. It must be done deliberately.

Question 9

In relation to Intent.

What did R v COLLISTER establish?

Answer 9

Intent can be inferred from the circumstances

but only if you investigate and gather the evidence

TIP: CCTV cannot itself prove intent

Question 10

How do you prove intent?

Answer 10

Offender Admissions
Confessions
Circumstantial evidence

Question 11

What are ways you can infer the offenders intent

Answer 11

His or her:
-Actions
-Words
Surrounding Circumstances
-Nature of the act itself (eg: stabbing 10 times instead of 1)

Question 12

What is knowledge? (Knowing)

Answer 12

Believing something to be the case based off physical or mental perception, state of facts or circumstances etc.

Question 13

What is the definition of recklessness?

Answer 13

Conscious and unjustified risk taking

Question 14

In R v CAMERON when was recklessness established

Answer 14

Recklessness is established if
-The Defendant recognised that there was a real possibility that his actions would bring about the proscribed result and or the proscribed circumstances existed and having regard to that risk those actions were unreasonable.

Question 15

What did R v TIPPLE establish in regards to Recklessness

Answer 15

Recklessness requires that the offender know of or have a conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to run the risk.

Question 16

What is Subjective Recklessness?

Answer 16

A foresight of dangerous consequences which could well happen, with an intention to continue regardless of the risk.

Question 17

What is objective recklessness?

Answer 17

Accused is reckless if he does an act which creates obvious risk and when they do the act they have not given any thought to the possibility of there being any such risk or has recognised some risk is involved

Question 18

What does Wilfully mean?

Answer 18

Means intentionally or deliberately

Question 19

What is Wilful Blindness?

Answer 19

Turning a blind eye to the circumstances

Question 20

What is Actus Rea

Answer 20

Its the physical act or omission of the offence

Question 21

What is an voluntary act

Answer 21

You must show the defendant acted or omitted to act voluntarily, that is by the operation of free will.

Question 22

What is Causal Link or Chain of Causation

Answer 22

Once the actus reus has been proved you must then show a causal link between it and the relevant consequences.

You must prove that the consequences would not have happened but for the defendants act or omissions

Question 23

Whats is the basic rule around an intervening Act?

Answer 23

That it will not generally break the causal link/chain of causation

There is also a rule which says the defendant must take their victims as they find them.

Question 24

What is the chain of causation sometimes called

Answer 24

The but for test.

But for the actions of the defendant this would not have happened.

A connection between the acts and the final consequence must exist.

Question 25

What does S.25 of the Bill of Rights Act 1990 say?

Answer 25

Everyone charged with an offence has the right to be presumed innocent until proved guilty according to law.

Question 26

What is the general rule of a successful prosecution

Answer 26

Must prove beyond reasonable doubt that the defendant committed the actus reus of the offences with the requisite mens rea

Question 27

What does beyond reasonable doubt mean

Answer 27

The prosecution is required to prove that no other logical explanation can be derived from the facts except that the defendant committed the offence

Question 28

What are the two types of defences people have

Answer 28

Statutory - specifically provided for the crimes act

Common law defences

Question 29

What are some examples of statutory defences in the crimes act 1961

Answer 29

Infancy
Defence of self or another
Defence of property
Insanity
Compulsion

Question 30

What are some common law defences

Answer 30

Impossibility
Necessity
Consent
Intoxication
Mistake
Sane Automatism (sleep walking)

Question 31

What does Dolli capax mean

Answer 31

Means Children are to young to be able to form the understanding necessary to be capable of committing a crime

Children cant do evil