Paper 1.8 - Actus Reus and Mens Rea

Question 1

To be guilty of a criminal offence, what two things must d have?

Answer 1

Actus reus and mens rea.

Question 2

What is actus reus?

Answer 2

The physical act of a crime.

Question 3

What is mens rea?

Answer 3

The mental element of a crime.

Question 4

What two places can the actus reus and mens rea of a crime be defined?

Answer 4

In a Parliamentary Act (eg GBH u. s20 OAPA 1861)
Through judicial precedent (eg ABH u. Miller)

Question 5

Generally, if d has the AR of a crime, their actions are:
- Voluntary or involuntary?
- An action or an omission?

Answer 5

Voluntary rather than involuntary
An action rather than an omission.

Question 6

What is a conduct crime?

Answer 6

When your action/s immediately makes you guilty; no need for mens rea (eg drink driving; no need for an accident, it is always illegal).

Question 7

What is a consequence crime?

Answer 7

When the consequence of your action/s make you guilty (eg murder; it is only murder if V dies).

Question 8

State of Affair / Absolute Liability cases is when what happens? What type of crime must d commit?

Answer 8

D is guilty even if their actus reus is involuntary; a conduct crime.

Question 9

State the facts and point of law in Larsonneur (1933).

Answer 9

D, a French woman, was ordered to leave the UK so she took a boat the Republic of Ireland. Upon arrival, she was immediately deported back to the UK due to improper papers and then arrested for her presence in the UK.

Due to absolute liability, she was found guilty of violating her order.

Question 10

Mitchell (1983) describes a case where D pushed an old man into a woman who died from the injuries she sustained. Who was convicted of what and why?

Answer 10

D was convicted of manslaughter; his action was the factual cause of the woman’s death.
The old man was acquitted; his action was involuntary and therefore could not constitute the actus reus of manslaughter.

Question 11

Hill v Baxter (1958) lists some examples of what the court sees as ‘involuntary acts’. Name 2 examples of involuntary acts.

Answer 11

EG
Getting attacked by a swarm of bees
Getting hit on the head by a stone
Having a heart attack.

Question 12

What is an omission?

Answer 12

A failure to act in a situation where D has a duty to.

Question 13

Name one example of a statutory duty and its Act, where an omission can be classed as a crime.

Answer 13

EG
Road Traffic Act 1988 - failing to provide a breathalyser specimen.
Children and Young Persons Act 1933 - failure to feed / clothe / care for your child.

Question 14

What are the six common law relationship omissions in terms of actus reus for crime?

Answer 14

Doctors stopping treatment
Official position
Contractual duty
Dangerous scenario
Voluntary assumption of relationship
Special relationship.
(D.O.C D.V.S)

Question 15

Define the ‘doctor stopping treatment’ relationship and give an example of a case where it is relevant.

Answer 15

When d, a doctor, stops treatment for a patient in pain or suffering.
EG
Bland (1993)
V was crushed in the Hillsborough disaster and left in a vegetative state. Doctors brought a case to court to release their liability over his treatment and succeeded, because it was in V’s best interest.

Question 16

Define an official position relationship and give an example of a case where it is omitted.

Answer 16

When d holds a position of public power and must use it to defend people.
EG
Dytham (1979)
D, a policeman, saw a man getting beaten to death by three other men. D failed to stop the men and left. He was convicted of misconduct in a public office and neglecting his duties.

Question 17

Define a contractual duty and give an example of a case where a contractual duty is omitted.

Answer 17

When d’s failure to act violates a binding contract they have signed.
EG
Pittwood (1910)
A railway crossing keeper failed to shut the gates. leading to a worker’s death. Keeper was found guilty of manslaughter.

Question 18

Define the ‘dangerous situation’ relationship and give an example of a case where it is omitted.

Answer 18

When d creates a dangerous situation (normally by accident), they have a duty to correct it and make sure people don’t get hurt.
EG
Miller (1983)
D fell asleep with a lit cigarette, which caused a house fire. When he awoke, he neglected to take action in correcting the danger. D was convicted of arson.

Question 19

Define a voluntary assumption of relationship and give an example of a case where it is omitted.

Answer 19

When d willingly accepts responsibility of a person.
EG
Stone and Dobinson (1977)
One of the D’s eccentric elderly sister came to live with the Ds, so they could look after her. She eventually died on malnutrition. Both Ds were guilty of manslaughter.

Question 20

Define a special relationship and give an example of where it is omitted.

Answer 20

When d’s relationship means they owe V a duty of care (eg parent, guardian)
EG
Gibbins and Proctor (1918)
Father and step mum neglect to feed his child, leading to death; both convicted of murder.

Question 21

What are the three factors of causation in criminal law?

Answer 21

Factual Causation
Legal Causation
Intervening Acts

Question 22

What is factual causation and the ‘but for’ test?

Answer 22

Determines whether D is the factual cause of what happened; but for d’s actions, the end result would not have happened?

Question 23

Describe the case of White (1910), the case study of factual causation.

Answer 23

D poisoned his mother’s drink, however she died of a heart attack before consuming it. D was not guilty of murder, despite having AR & MR because his actions did not cause the end result.

Question 24

What is legal causation?

Answer 24

Determines whether d played a significant part in the end result.

Question 25

Which case determined that significant is anything more than tenuous in terms of legal causation?

Answer 25

Kimsey (1996)

Question 26

What is an intervening act?

Answer 26

When an unexpected variable outside of d’s control causes the chain of causation to be broken.

Question 27

What is the thin skull rule and what is the case study?

Answer 27

D is charged with a higher crime because they triggered V’s pre-existing condition.
Blaue (1975)
V is stabbed by d; V then refuses a life-saving blood transfusion and dies, d is guilty of murder.

Question 28

Describe one case about how medical treatment can be an intervening act.

Answer 28

EITHER
Smith (1959)
D stabs V in the lung; medics fail to diagnose him correctly leading to his death, D convicted of murder (poor care did not cause him to die when he was stable)
OR
Jordan (1956)
D stabs V in stomach, however V’s condition stabilises. V is given anti-biotics he is allergic to and dies; D is not guilty of murder (poor care caused his death when he was stable)
OR
Malcherek (1981)
D stabs V in the stomach and she became brain dead during the surgery. Life support was switched off due to brain death; D was guilty of murder (could have been kept alive by life support, however it was against V’s wishes).

Question 29

Describe one case about how victims attempting to escape can be an intervening act.

Answer 29

EITHER
Roberts (1971)
V jumps from D’s car after he attempted to make sexual contact with her, resulting in her getting injured. D was guilty of ABH (V’s reaction was not unforeseeable).
OR
Williams (1992)
V jumps from D’s car because D allegedly stole his wallet. D was not guilty (V’s reaction was unforeseeable and not in proportion to the threat).

Question 30

Describe one case about how a victim’s free will can be an intervening act.

Answer 30

Kennedy (2007)
V, a responsible adult, is supplied with drugs by D; V then dies of an overdose. D was not guilty (V had free will over his own death).

Question 31

What are the five types of mens rea?

Answer 31

Intention
Recklessness
Negligence
Dishonesty
Knowingly

Question 32

What are the two types of intention? Define them.

Answer 32

Direct (the decision to bring about a prohibited action) and indirect (d’s actions are virtually certain to bring about a prohibited consequence).

Question 33

What is the definition of direct intention and what case defines this?

Answer 33

a decision to bring about the prohibited consequence - Mohan (1976)

Question 34

What is the definition of indirect intention and what case defines this?

Answer 34

a decision where d’s goal is virtually certain to bring about an illegal consequence - Woollin (1999)

Question 35

What is recklessness in terms of criminal law?

Answer 35

D foresees a risk of illegal consequence however the risk is ignored.

Question 36

What is subjective recklessness and which case is an example of this?

Answer 36

Subjective recklessness is considers the D’s state of mind when committing the crime to determine whether a risk was foreseen.
EG
Cunningham (1957)
D tore a gas meter from an empty house for money, causing a gas leak in a neighbour’s house. D was acquitted of maliciously administering a noxious thing based on his lack of knowledge of the risk.
OR
R v G (2003)
D, a child, set fire to a newspaper, which got out of hand and caused £1m of damages. Not guilty of criminal damage because it depends on whether d saw a risk (children wouldn’t have).

Question 37

Name an example of a crime that has subjective recklessness as mens rea.

Answer 37

EG
Assault, battery, ABH, s20 GBH

Question 38

What is negligence in terms of criminal law?

Answer 38

D fails to reach the standard of a reasonable person.

Question 39

Give an example of case where negligence is applicable.

Answer 39

EG
Pittwood (1910)
A railway crossing keeper failed to shut the gates. leading to a worker’s death. Keeper was found guilty of manslaughter.
OR
Dytham (1979)
D, a policeman, saw a man getting beaten to death by three other men. D failed to stop the men and left. He was convicted of misconduct in a public office and neglecting his duties.

Question 40

What is strict liability in terms of criminal law?

Answer 40

The prosecution must only prove the actus reus of the crime took place.

Question 41

What category of offence are strict liability offences usually? Name one example of a SL offence.

Answer 41

Summary
EG speeding, selling alcohol to a minor, drink driving.

Question 42

How do you know if a crime is supposed to be strict liability?

Answer 42

If mens rea is omitted in the act (i.e does not contain words such as intention, recklessly, dishonesty, etc.), and the offence is truly criminal, mens rea is presumed - it becomes based on probability.

Question 43

Describe the case that gave us the precedent for applying strict liability.

Answer 43

Sweet v Parsley (1970)
D rented a house to people who used drugs on the premises. Despite being convicted, it was quashed in the House of Lords as she probably didn’t know about the drugs.

Question 44

Describe one strict liability case.

Answer 44

EG
Sweet v Parsley (1970)
D rented a house to people who used drugs on the premises. Despite being convicted, it was quashed in the House of Lords as she probably didn’t know about the drugs.
OR
Pharmaceutical Society (1986)
D sold drugs to people with forged prescriptions. Despite D not acting dishonestly, House of Lords upheld the conviction.
OR
Callow (1900) - ‘exposing unsound meat for sale’
Shah (1999) - ‘lottery tickets sold to minors’
B (2000) - ‘shiner on a bus’

Question 45

What is the principle of coincidence of actus reus and mens rea or the contemporaneity rule? How many exceptions are there?

Answer 45

AR and MR of offence must occur at the same time.
Two exceptions.

Question 46

What are the two exceptions of the principle of coincidence of actus reus and mens known as?

Answer 46

Continuing act theory
Transaction theory.

Question 47

What is the continuing act theory? Which case defined it?

Answer 47

The mens rea of a crime can develop during the process of the actus reus.
Fagan (1968)
D accidentally drove on an officer’s foot when parking. When made aware he was on the officer’s foot he refused to move. D was guilty of assaulting a police officer on duty.

Question 48

What is the transaction theory? Which case defined it?

Answer 48

When the actus reus occurs well after the mens rea but only comes about due to d’s actions.
Thabo Meli (1954)
Ds attacked a man then pushed him off a cliff, thinking they killed him. V died hours later due to exposure, however Ds were still convicted of murder.

Question 49

What is transferred malice in terms of criminal law?

Answer 49

D can be guilty of a crime if they attempt a similar crime against a different target. Mens rea can be ‘transferred’ between victims or between properties (not victim to prop or vice versa).

Question 50

Give one example of a case involving transferred malice.

Answer 50

EG
Pembilton (1874)
D throws a stone intending to hit a person, instead hitting a window. Malice was not transferred; not guilty.
OR
Latimer (1886)
D aimed to hit a man with a belt and accidentally hit a woman in the face. D was guilty of battery on the woman.
OR
Gnango (2011)
D and Bandana Man are in a shootout. BM shoots a bystander and escapes. D was convicted of murder due to transferred malice by agreeing to the shootout.