General Elements Of Criminal Liability Flashcards
What is actus reus?
“The guilty act” the physical element of conduct required for a crime
What is mens rea?
“The guilty mind” the mental element of a crime. What the defendant is intending or thinking or failing to think at the time
In most criminal offences do you need both actus reus and mens rea?
Yes, in MOST
Does actus reus have to be voluntary?
Yes, if D has no control over their actions then they are not considered to have committed actus reus
What does Hill v Baxter say?
A driver losing control of his vehicle because he had a heart attack or hit with a stone would not be dangerously driving as they’re not acting voluntarily
What are the 3 types of actus reus?
1) consequence of result crimes- require a certain outcome (eg, death in murder)
2) Conduct crime- only certain behaviour is required; eg perjury is regardless of outcome
3) state of affair crimes- circumstances “being” rather than “doing” eg, larsonneur
What are the 6 exemptions to not being guilty for omissions?
Duty to act as parents - gibbens & proctor
Assumed a duty to act - stone & dobinsom
Contractual duty to act - pittwood
Public duty to act - dytham
Duty to act as D set in motion a chain of events - miller
Statutory duty to act
Define factual and legal causation
Factual - “but for” test - Barnett v Chelsea hospital
Legal - reasonably foreseeable harm - the wagon mound
What 2 cases do we use as examples for factual causation? (Not Chelsea)
White
Pagett
What is novus actus intervenus?
New intervening act
What are the 3 ways to break the chain of causation?
Act of third party
Medical negligence
Victims own actions
What case do we use for act of third party?
Smith
What case do we use for medical negligence?
Cheshire
What case do we use for victims own actions
Roberts
What is the “thin skull rule”
D must “take their victims as they find them”
What case do we use for the “thin skull rule”
Blaue
