General Elements of Criminal Liability

Question 1

Define ACTUS REUS

Answer 1

The prohibited act or consequence which the D must commit or cause

Question 2

Define MENS REA

Answer 2

All the elements of the offence that refer to the defendant’s state of mind

Question 3

Why will a defendant only be liable if they commit an ACTUS REUS while acting in a ‘voluntary’ manner?

Answer 3

If the D is forced or has no control over their actions, they will not be guilty

Question 4

What is the ‘general rule’ on ACTUS REUS by OMISSION?

Answer 4

A person is not usually criminally liable for their omissions

Question 5

List the 6 legal duty situations from OMISSIONS

Answer 5

1. Contractual Duty
2. Professional Duty
3. Voluntary Acceptance of Responsibility for Another
4. Create a Dangerous Situation
5. Special Relationship
6. Statutory Duty

Question 6

Name a case for Contractual Duty

Answer 6

R v Pitwood

Question 7

Name a case for Professional duty

Answer 7

R v Dytham

Question 8

Name a case for Voluntary acceptance of another

Answer 8

R v Stone and Dobinson

Question 9

Name a case for Create a dangerous situation

Answer 9

R v Miller

Question 10

Name a case for Special relationship

Answer 10

R v Gibbins and Proctor

Question 11

Name a case for Statutory duty

Answer 11

Greener v DPP

Question 12

What is a ‘good samaritan’ in law?

Question 13

What are the two main rules of causation if D is charged with a ‘result crime’?

Answer 13

• Factual Causation

- Legal Causation

Question 14

What is the ‘but for’ test of factual causation?

Answer 14

But for the D’s actions, would the harm have occurred?

Question 15

Which case illustrates the ‘de minimis’ rule of legal causation?

Answer 15

R v Kimsey

Question 16

What are the three ways in which the chain of causation can be broken?

Answer 16

1. Medical Treatment
2. The Victim
3. A Third Party

Question 17

What is the ‘thin skull’ rule?

Answer 17

‘Take your victim as you find them’

Question 18

What are the three main forms of MENS REA?

Answer 18

1. Intention
2. Subjective Recklessness
3. Gross Negligence

Question 19

Define DIRECT INTENTION

Answer 19

D set out to achieve a particular result

Question 20

Define OBLIQUE INTENTION

Answer 20

D did not intend the result, but the result was virtually certain

Question 21

Define SUBJECTIVE RECKLESSNESS

Answer 21

D takes an unjustifiable risk

Question 22

What is TRANSFERRED MALICE?

Answer 22

D has mens rea for the crime, causes the actus reus of the same crime, but on the wrong V, so the mens rea or malice is transferred from the intended V to the actual V

Question 23

What does ‘coincidence of actus reus and mens rea’ mean?

Answer 23

Actus reus and mens rea coincide

Question 24

What is the CONTINUING ACT theory?

Answer 24

Actus reus is continuing over time to meet the point where the defendant forms the mens rea

Question 25

What is the TRANSACTION theory?

Answer 25

A series of events which the courts will constitute as one transaction

Question 26

What is a STRICT LIABILITY offence?

Answer 26

Offence which does not require mens rea

Question 27

When are STRICT LIABILITY offences used?

Question 28

What is the rule on TRUE CRIMES and STRICT LIABILITY?

Question 29

What is the difference between STRICT LIABILITY and ABSOLUTE LIABILITY offences?