key terms

Question 1

actus reus

Answer 1

• the ‘guilty act’
• physical aspect of the crime
• what the d has done or not done

Question 2

mens rea

Answer 2

• guilty mind
• mental element of the crime
• what the d is intending

Question 3

omission

Answer 3

• failure to act

Question 4

state of affairs

Answer 4

• d is convicted even when they have not acted voluntarily

Question 5

result crime

Answer 5

• where there must be a result from d’s actions

Question 6

causation

Answer 6

• if d has been charged with a result crime - causation must be established as part of the guilty act

Question 7

factual causation

Answer 7

• but for test, the consequence would not have happened BUT FOR the d’s actions

Question 8

legal cause

Answer 8

• there may be other factors which contribute to the prohibited outcome
• d’s actions may not be the main or only cause
• d still guilty - their actions are seen as ‘operating or substantial cause’

Question 9

thin skull rule

Answer 9

• the d must take the victim as he finds them
• any unusual physical or mental state which worsens an injury means the d is liable for the more serious injury

Question 10

chain of causation

Answer 10

• there must be a direct link between the d’s actions and the consequence

Question 11

intervening act

Answer 11

• if something happens after the illegal act which is separate to the d’s actions it breaks the chain of causation
• breaks in the chain can mean the d is not liable for the extent of the harm if the intervening act is sufficiently independent of the ds actions and sufficiently serious

Question 12

the act of a 3rd party

Answer 12

• may break the chain of causation only if not foreseeable (Pagett)

Question 13

victims own actions

Answer 13

• have to be unforeseeable and unreasonable to break the chain (roberts)

Question 14

medical treatment

Answer 14

• courts unlikely to rule that poor medical treatment can break the chain unless it is so grossly negligence

Question 15

intention

Answer 15

• highest level of mens rea
• broken into direct and indirect intention

Question 16

direct intention

Answer 16

• defined in Mohan, ‘a decision to bring about the prohibited consequence’
• where it is the d’s ‘aim, want or desire’ to bring about a consequence

Question 17

indirect intention

Answer 17

• d has one purpose in mind but in achieving that purpose causes other consequences

Question 18

recklessness as a mens rea

Answer 18

• the taking of an unjustifiable risk
• must be proven d saw the risk and took it anyways
• minimum level of mens rea required
• cunningham

Question 19

transferred malice

Answer 19

• d can be guilty if he intended to commit a similar crime but against a different victim
• malice cannot be transferred for a different crime

Question 20

general malice

Answer 20

• where d doesn’t have a specific victim in mind e.g. a terrorist bomber, mens rea applies to any of the actual victims

Question 21

contemporaneity

Answer 21

• for an offence to take place, actus reus and mens rea must be present at the same time