General elements Cases

Question 1

Actus reus

Answer 1

Guilty act of the defendant

The physical element

Question 2

Conduct crimes

Answer 2

To prove the AR is not necessary for any consequence to be proved e.g drink driving

Question 3

Consequence crimes

Answer 3

To prove the AR the prohibited conduct must also result in a consequence e.g assault causing ABH

Question 4

State of affairs crimes

Answer 4

To prove the AR the prohibited conduct mist also result in a consequence e.g pocessions of weapons in public

Question 5

Voluntary nature of AR

Answer 5

Act of omission must be voluntary if defendant has no control over his actions

HILL V BAXTER

Question 6

Involuntariness of AR

Answer 6

Very rare cases where defendant can be convicted even though he didn’t act voluntarily Usually involve state of affairs crimes

Question 7

Actus reus general rule

Answer 7

Usually a person is not liable for omission ls as there would be no AR (guilty act)

Question 8

Omissions

Statutory duty

Answer 8

If defendant has a duty under statute and fails to act, this could form the AR of an offence

Question 9

Omissions

Contractual duty

Answer 9

Defendant will have a duty to act if it is part of his contract

R V PITTWOOD

Question 10

Omissions

A duty because of relationship

Answer 10

Usually a parent and child relationship

R V GIBBINS AND PROCTOR

Question 11

Omissions

Duty which has been taken on voluntarily

Answer 11

R V STONE AND DOBINSON

When the duty has been taken on voluntarily you must follow through to the finish

Question 12

Omissions

A duty through an official position

Answer 12

R V DYTHAM

Duty to act if it is part of his public position

Question 13

Omissions

A duty by creation of a dangerous situation

Answer 13

R V MILLER

Defendant has a duty to act if he becomes aware/ makes a dangerous situation

Question 14

Causation

Consequence crimes

Answer 14

Defendants act must be caused by a particular consequence

Question 15

Factual causation

Answer 15

Defendant is only guilty if the consequence would not have happened “but for” his act

R V PAGETT
R V WHITE

Question 16

Legal causation

Answer 16

Link between defendant’s act and the consequence is the “chain of causation” and must remain unbroken

Operating and substantial

R V SMITH

Question 17

NAI of third-party

Answer 17

A third-party does something which causes the outcome

R V JORDAN

Palpably wrong

Question 18

Cato

Answer 18

Defendant need not have been the only cause of death is but was more than a minimal cause

Question 19

Benge

Answer 19

Defendants action needs not to be the sole cause of the resulting harm but it must be more than minimal

Question 20

NAI by victim

Answer 20

Victims action can count as NAI and break the chain of causation

R V ROBERTS
R V WILLIAMS

Question 21

Thin skull rule

Answer 21

if victim has underlying physical condition, mental health condition or religious belief that will make injuries worse - defendant is still liable.

R V BLAUE

Question 22

Transferred malice

Answer 22

Defendant can be guilty if he intended to commit a similar crime but against a different victim

Defendants MR is transferred from the intended victim to the actual victim

R V LATIMER non fatal
R V MITCHELL fatal
R V PEMBILTON same offence

Question 23

Coincidence of mens rea and actus reus

Answer 23

Actus reus and mens rea must occur at the same time in the same place and the same person

Question 24

Continuing acts

Answer 24

FAGAN V METROPOLITAN POLICE COMISSIONER

When the MR occurred but the AR remaind throughout

Question 25

Series of connected events

Answer 25

R V THABO MELI - MR continued throughout as there was a series of connected events

R V CHURCH- MR continued throughout the series of connected events so included her drowning

Question 26

Mens rea

Objective

Answer 26

Reasonable man and what he would think

Question 27

Mens rea

Subjective

Answer 27

What the defendant is thinking and what he realises

Question 28

Mens rea

Answer 28

Guilty mind

Intentions
And
Recklessness

Question 29

Direct intent

Answer 29

Defendants aim, purpose or motive

R V MOHAN

decision to bring about the criminal consequence

Question 30

Oblique intent

Answer 30

Defendants aim is something different to the actual consequence

R V WOOLLIN

virtually certain result

Question 31

Subjective recklessness

Answer 31

Defendant must know there is a risk of the consequence but takes the risk deliberately

R V CUNNINGHAM

Defendant must foresee the risk and take it away