Paper 1 B Elements of a Crime

Question 1

Actus Reus

Answer 1

Physical Element of a crime

Question 2

Type of act

Answer 2

normally a positive, voluntary act [Hill v Baxter]

Question 3

Hill v Baxter Examples

Answer 3

struck by a stone
overcome by a sudden illness
attacked by a swarm of bee’s

Question 4

R V Mitchell

Answer 4

Must be a voluntary Act

Question 5

2 Types of Actus Reus

Answer 5

voluntary act, omission

Question 6

Omission

Answer 6

Failure to act, when under a duty to act

Question 7

A statutory Duty

Answer 7

S.1 children and young persons act

offence for an adult in a position of responsibility to fail to support a child

Question 8

A contractual duty

Answer 8

R v Pittwood

A duty through a contractual agreement

Question 9

A duty through an official position

Answer 9

R V Dytham

E.G. Police must act if they see a crime being committed

Question 10

A duty because of a dangerous situation/chain of events

Answer 10

R v Miller

Must take reasonable steps to prevent the dangerous situation

Question 11

A duty because of a special relationship

Answer 11

Gibbins and Proctor

E.G. Father and daughter

Question 12

A duty because of the assumption of responsibility

Answer 12

Stone and Dobinson

E.G. taken an ill family member into the home

Question 13

Types of Causation

Answer 13

factual [white] and legal

Question 14

causation

Answer 14

there must be a causal connection between D’s conduct and the consequence

Question 15

the standard of proof

Answer 15

Beyond reasonable doubt

Question 16

factual causation

Answer 16

white - but for test

But for D’s actions, would the consequence have occurred

Question 17

Legal causation

Answer 17

De minimis Principle
Intervening Acts
Thin skull Rule

Question 18

De minimis Principle

Answer 18

Paggett, Kimsey

Question 19

Pagget

Answer 19

D must make a more than minimal contribution

Question 20

Kimsey

Answer 20

D must have a more than slight or trifling link between D’s actions and the consequence

Question 21

Intervening Acts [Novus Actus Interveniens]

Answer 21

Acts of a third party
acts of the victim
acts of god

Question 22

Acts of third party cases

Answer 22

Smith, chesire, jordan, malcherek

Question 23

Smith

Answer 23

medical treatment can be ‘thoroughly bad’ as long as the ‘original injury is still operating and substantial’

Question 24

Chesire

Answer 24

the act of a third party must render D’s ‘contribution insignificant’, if it is significantly connected to the original injury, it will not break causation

Question 25

Jordan

Answer 25

palpably bad treatment breaks the causation

Question 26

Malcherek

Answer 26

Turning off life support does not break causation, if the courts and doctors agree

Question 27

Acts of the victim

Answer 27

Roberts, williams and davis

Question 28

Roberts

Answer 28

V’s action must be ‘daft or unexpected’ to break causation

Question 29

williams and davis

Answer 29

V’s action must ‘daft or unexpected’ to break causation

Question 30

Acts of God

Answer 30

It is a natural but unpredictable event, there are no cases for this - it has never happened

Question 31

Thin skull rule

Answer 31

Blaue
D must take V as they find them, it concerns the whole man, physical mental and religious - including an inability to swim

Question 32

Mens Rea

Answer 32

The mental element of a crime

Question 33

MR is

Answer 33

intention - direct or oblique

Recklessness

Question 34

Strict liability offences

Answer 34

Strict liability offences do not need MR

Question 35

Basic intent crimes

Answer 35

Only direct intent or recklessness

Question 36

Specific intent crimes

Answer 36

only direct and oblique intent

Question 37

Direct intent

Answer 37

Mohan - intent is the D’s aim or purpose

Question 38

Oblique intent

Answer 38

evidence of intent

D intends one thing but the consequence is different

Question 39

Nedrick, Woolllin

Answer 39

If D foresees the consequence as a virtual certainty, jury can find oblique intent

Question 40

matthews and alleyene

Answer 40

foresight of consequences is not intention, it is strong evidence of intention

Question 41

Recklessness

Answer 41

cunningham

D knows there is a risk of the consequence but takes the risk anyway

Question 42

Cunningham

Answer 42

D must realise the risk of harm and assume it to have the MR satisfied

Question 43

Transferred Malice

Answer 43

latimer pembliton

D can be guilty if they intend to commit a similar crime to a different victim

Question 44

Latimer

Answer 44

MR for the intended V can be transferred to the actual V

Question 45

Pembliton

Answer 45

MR cannot be transferred between separate that are not similar offences
E.G.
MR for GBH can be transferred to murder
MR for ABH cannot be transferred to Criminal Damage

Question 46

Coincidence of Actus Reus and Mens rea

Answer 46

they generally occur at the same time, D intends to hit V [MR]. D hits V [AR]
Flexible approach is taken via sequence of events and continuing acts, to ensure a fair trial

Question 47

can MR and AR be separate

Answer 47

MR and AR must ‘coincide at one point’

Question 48

Sequence of Events

Answer 48

Thago Meli
V was still alive when D’s abandoned the body thinking he was dead.
Ruled as a sequence of events leading death

Question 49

Continuing Act

Answer 49

Fagan v MPC
D drove on policeman’s foot, did not know, then refused to get off
Counted as occurring at the same time as a continuing act.