Fundamentals Flashcards
What is “Actus reus” ?
“Guilty Act” - The physical element of crime - what was actually done / not done ?
What is the voluntary nature of the Actus reus ?
Means the actus reus cannot be carried out if the defendant has no control over their actions.
What is a conduct crime ?
Where the conduct itself is a criminal offence and no further consequence is required to form an offence.
E.g Drink driving …
What is a consequence crime ?
A crime, wherein the conduct itself is not a criminal offence, unless such conduct leads to a consequence which then forms the basis for an offence.
E.g Murder …
What is “mens rea” ?
“Guilty mind”- The mental element of crime - the level of intention.
What are the different types of mens rea ?
- Direct intention
2.Oblique intention
3.Subjective recklessness
4.Negligence
What is direct intent ?
+Supporting case
Where the defendant intends the specific consequence to occur (Rv Mohan)
What is oblique intent ?
+ Supporting case
Where the defendant does not have direct intent however the chances of such consequence occurring as a result of there conduct is a “virtual certainty”. (Woolin)
What is subjective recklessness ?
+ Supporting case.
Where the defendant is reckless, meaning they understood the risk their conduct carried, however carried out his/her actions anyway. (Cunningham)
What is negligence ?
“Carelessness”, where the defendant fails to meet the standards upheld by the “reasonable man”
What is causation ?
What caused the crime ? - from start to end (chain of events)
What are the two types of causation ?
- Factual causation
- Legal causation
How is factual causation established ?
(Which case defines this ?)
Using the “but for test” *
Would ….. have occurred “but for” D’s conduct ?
Rv White *
How is legal causation established ?
(Which case defines this ?)
The defendants conduct must be “more than a minimal cause and the substantial cause” of the end consequence.
Rv Paggett *
What is meant by “novus actus interveniens”
An intervening act which breaks the chain of causation
What are the three types of intervening act ?
- Act of a third party
- Victims own actions
3.”Act of god”
Act of a third party …
A third party - independent of the conduct of the defendant which intervenes leading to a different outcome - breaks the chain of causation if sufficiently serious *
Victims own actions …
Are judged whether its a reasonable/unreasonable reaction.
If the victim actions are reasonable in the circumstances, the chain will not be broken. While if they’re unreasonable, the chain will be broken.
What is a strict liability offence ?
A criminal offence, which does not require a mens rea, in respect of at least one element of the actus reus.
Act of God…
Must be an intervening event, which could not have been predicted or prevented in order to break the chain of causation.
What are some examples of strict liability offences ?
- Sale of “unsound meat” - Callow v Tillstone
- The sale of age restricted products to underage individuals (Sharrow LBC v Shah and Shah)
- Pollution of bodies of water - Alphacell ltd v Woodward
What is transferred malice ?
Where the defendant intended to carry out a crime against a person, however it was against a different victim than intended - the men’s rea is transferred from the intended victim to the actual victim, s AR and MR can be satisfied *
What is a case for transferred malice ?
-Latimer
-Pembliton
What is the coincidence rule ?
The actus reus and mens rea must coincide in one way *
What was established in Thabo meli v R about the coincidence rule ?
Where coincidence is still satisfied, even if the actus reus and mens rea are present at different times - as part of the same chain of events.
What was established in Fagan v Metropolitan Police Commissioner about the coincidence rule ?
The actus reus and mens rea are satisfied, when the defendant is unaware they’re committing the crime - but when they find out, they continue .
