General Principles of Criminal Liability

Question 1

There’s 3

What are the elements of criminal liability?

Answer 1

Actus Reus
Mens Rea
Absence of any defence

Question 2

What are the 3 Elements of the Actus Reus?

Answer 2

Conduct (e.g damaging/destroying)
Circumstance (e.g Property of another)
Consequences (e.g. damage/destruction of property)

e.g for Criminal Damage

Question 3

What are the 5 “Duty Situations” where a Defendant may be liable for an Omission to Act?

Criminal liability usually requires an act- sometimes an omission counts

Answer 3

1. Special Relationship- e.g. paretn/child
2. A contractual duty- e.g employee owes DoC
3. Voluntary assumption of responsibility e.g care of a sick person
4. Deliberate/accidental creation of a dangerous situation (doctrine of supervening fault) e.g. lit cigarette sets room on fire
5. Public Offence- e.g misconduct in public office

Question 4

What are the 2 types of Causation?

Answer 4

1. Causation in Fact
2. Causation in Law

Question 5

What is the test for Causation in Fact?

Answer 5

The “But For…” test as per White (D poisoned drink but V died of heart attack).

“Would the harm have occured without the actions of the D?”

Note there can be many factual causes of a consequence, the Ds actions need only be 1 of them.

Question 6

Describe Causation in Law

Answer 6

Ds conduct must be more than minimal (de minimis)
Ds conduct need only be a significant contribution (subsequent actions are merely additional causes)
As per Smith (soldiers brawling) Ds actions were a “operating and substantial cause” of death.

Subsequent actions more likely to break the chain if they’re unforeseeable

Question 7

What are the common Breaks in the Chain of Causation?

There’s 4

Answer 7

1. Refusal of treatment by V- D still causes whole of injuries as per Blaue (no blood transfusion)
2. Susceptible V (eggshell skull)- the weakness is simply part of the facts. Applies to the whole man not just the physical man.
3. Acts of the V- D is responsible unless the Vs acts are not reasonably foreseeable (objective test)
4. Negligent medical treatment- must be so independent and potent it renders the Ds acts insignificant

A free and voluntary act by V will always break the chain

Question 8

What are the two most common types of Mens Rea?

All Mens Rea in Criminal Law is…? (not Gross Negligence Mansalughter)

Answer 8

Intention and recklessness

…subjective

Question 9

Define Direct and Oblique Intention

Answer 9

Direct intention is the Ds aim or purpose

Oblique intention (as per Nedrick and Woolin) is Ds foresight of a virtual certainty.

Its always for the jury to decide

Question 10

Define Recklessness

Its only ever…

Answer 10

Subjective Foresight+Awareness of Risk+Continuing Anyway

“The conscious taking of an unjustified risk”

D not reckless if they didn’t think it was a risk.

Subjective as per G

Question 11

Scale of Intention

3 stages

Answer 11

1. Harm foreseen as virtually certain (jury can find intention)
2. Harm foreseen as possible or probable- reckless
3. Harm not foreseen- no intention or recklessness

Question 12

Describe Transferred Malice

Answer 12

D intends to harm X but actually harms Y- the MR for X transfers to Y (as long as the AR is the same)

Question 13

What are Strict Liability Offences?

Answer 13

They don’t require a Mens Rea

Usually regulatory for public protection- presumption of no strict liability in criminal cases but can be rebutted for matters of regulation/public protection

Question 14

What’s the only form of MR in Criminal Law that uses an objective test?

Answer 14

Involuntary Manslaughter- its as per Adomako