Interaction Of Actus Reus And Mens Rea Flashcards
What is the definition of the correspondence principle?
The concept that each element within the actus reus of a criminal offence should have a corresponding mens rea to go with it
What are the two exceptions to the correspondence principle?
- Strict liability offences
2. Crimes with ulterior mens rea elements
Strict liability offences require no mens rea beyond voluntariness as to the conduct element. True or false?
True
What is the ulterior mens rea element of theft?
The intention to permanently deprive.
(This is because it lacks a corresponding actus reus - they might not have been able to permanently keep it, but all that is requires is the intention to have kept it)
What is the doctrine of transferred malice?
Where a specific mens rea is carried out against a different V
E.g - this is when D’s targeted mens rea (such as intention to kill a specific person) is transferred (such as to another person, B, if they inadvertently got in the way)
What is the coincidence principle?
That the actus reus and mens rea happen at the same time
When can a crime still occur, even if the actus reus preceded the mens rea?
Where there is a continuing act or omissions liability
When can a crime still occur, even if the mens rea precedes the actus reus?
Where they form part of a single transaction
If D intended to kill by one action, but actually kills by a later one, when they think they are disposing of a “body”, is this a crime?
Yes - because they are part o f the same sequence of events
Dermot is accused of committing ABH against Kevin. Dermot explains to you that he was actually trying to break a vase, but missed, and hit Kevin in error.
Will the doctrine of transferred malice apply?
No - because Dermot’s targeted mens rea was aimed at a piece of property (the vase), and not actually another person. Transferred malice can only work if the intended target and the unintended one are either both people, or two pieces of property.
