General Principles Flashcards
Every Crime has two elements
Actus Reus
Mens Rea
Actus Reus
The physical act(s) which form the objective element fo the crime.
Mens Rea
The required mental state of the defendant at the time in which the Actus Reus occurred.
Indirect/oblique intent
Where the outcome was not D’s aim, but a by-product of that aim
Test outlined in R v Woolin
Test for Indirect intent
R v Woolin
- was the outcome ‘virtually certain’ as a result of D’s acts?
- If so, did D realise that it was virtually certain to happen?
Malice
Means intention of recklessness (Cunningham)
Recklessness
Two types - Objective (Cunningham) - More subjective (R v G) Was he subjectively aware of the risk? Was it objectively unreasonable to take that risk?
Transferred Malice
Where the D had the MR but the AR was committed by a 3rd party.
D’s MR can be transferred to the 3rd party to create one whole offence
R v Latimer
TM: D intended to hit the 3rd party, but missed and actually hit V
Latimer
TM: it is enough for D to have the MR at some point during that transaction
R v Thabo-Meli
- thought he had killed her so pushed her off a cliff - this actually killed her.
Mistake
Making a mistake as to an element of the AR may negate the MR.
Ommissions
There is no duty to act so as to prevent harm (R v Smith)
Expt in certain situations
Situations where omissions amount to liability
- Statutory duty to act as a public officer holder
- Contractual duty to act (R v Pittwood)
- Special relationship (Vulnerable person) (R v Stone and Dobinson)
- Creating a dangerous situation (R v Miller)
Causation
D must have caused the outcome in both fact and law (Factual and legal causation)
Factual causation
A ‘but for’ test
- that the events would not have occurred
R v White
- tried to poison his mother but she died of an unrelated heart attack
