General Elements of criminal liability

Question 1

What is the chain of causation?

Answer 1

1. Factual cause of the consequence
2. Legal cause of the consequence
3. There was no intervening act which broke chain of causation from D’s conduct to that consquence

Question 2

What is mens rea?

Answer 2

’ guilty mind’, mental element of the crime

Question 3

What are the different levels of mens rea?

Answer 3

1. Direct intent
2. Indirect intent
3. Recklessness
4. Negligence

Question 4

What is direct intent?

Answer 4

D directly intends a result where it is his aim or purpose. D actually desires the result to occur and sets out to achieve it.

Question 5

What case is used for direct intent?

Answer 5

MOHAN

Question 6

What is indirect intent?

Answer 6

D did not desire a particular result but in acting as he did he foresaw that result as a virtual certainty

Question 7

What is recklessness?

Answer 7

D will have acted recklessly where he knows there was a risk of the result happening, but takes it

Question 8

What case is used for recklessness?

Answer 8

CUNNINGHAM

Question 9

What is negligence?

Answer 9

D will have acted negligently if he is unaware of the risk, but ought to have been aware of it

Question 10

What is the principle of malice?

Answer 10

Where D’s mens rea is directed at one person, but D harms someone else, he can be still guilty.

Question 11

When is the principle of transferred malice is not available?

Answer 11

Where mens rea is for completely different type of offence. PEMBLITON

Question 12

What is strict liability?

Answer 12

Where the prosecution need not to prove mens rea for at least part of the actus reus (or not at all).

Question 13

Who created the most strict liability offences?

Answer 13

Parliament

Question 14

When do they use the GAMMON case?

Answer 14

When there is uncertainty means that the courts will start presuming that the prosecution must prove mens rea.

Question 15

When will the presumption be set aside and strict liability imposed?

Answer 15

Where the statute involves an issue of social concern

Question 16

What are the most occurring offences which are regulatory in nature but not thought of as being truly criminal matters?

Answer 16

• Regulating food safety (CALLOW v TILLSTONE)
• Sale of alcohol
• Sale of gaming tickets ( HARROW LBC v SHAH)
• Prevention of pollution
• Use of vehicles

Question 17

When is it more likely strict liability will be imposed?

Answer 17

The greater the social danger the more likely strict liability will be imposed

Question 18

What are the three main reasons for having offence of strict liability?

Answer 18

1. Help protect society
2. Easier to enforce strict liability offences as there is no need for the prosecution to prove mens rea
3. Saves court time as Ds are more likely to plead guilty so that no trail is required.

Question 19

What is a disadvantage of criminal liability?

Answer 19

Makes people who are not blameworthy guilty. Even those who have taken all possible care will be found guilty and can be punished

Question 20

What is the coincidence/ contemporaneity rule?

Answer 20

Usually in order for an offence to take place, both the actus reus and mens rea must be present at the same time

Question 21

Why was FAGAN v MPC classed as a crime?

Answer 21

There is a continuing act for actus reus and at some point while that act is still going on D has the necessary mens rea, then the two coincide and D will be guilty.

Question 22

What are the two main exceptions where D will still be guilty of an offence but doesn’t need actus reus and mens rea are not present at the same time?

Answer 22

1. Where the actus reus is part of some larger transaction, it will be sufficient that D forms mens rea at some point during that transaction
2. Where D has voluntarily been drinking and then goes on to commit a crime that can be committed recklessly, D is seen as reckless in getting intoxicated in the first place so has the mens rea for the later offence.