Principles

Question 1

What is the crime equation?

Answer 1

actus reus + mens rea (- defence)

Question 2

The actus reus and the mens rea must occur ________

Answer 2

Together - i.e. they must coincide.

Question 3

What are the types of actus reus (in respect to timeline)?

Answer 3

1) Fresh act
2) Continuing act (Fagan v Police Commissioner)
3) Omission (R v Miller)
4) Merger/single transaction doctrine (Thabo Meli v Queen)

Question 4

What are the elements of actus reus?

Answer 4

Conduct/Omission
Circumstances
Consequences

Question 5

What are the types of conduct/omission?

Answer 5

Action
Omission
Possession
State of affairs/situation

Question 6

In which cases does one have a specific legal duty to act and as such can be guilty by omission?

Answer 6

1) Statutory
2) Contractual - R v Pittwood
3) Familial - R v Gibbins/Proctor
4) Assumption of care - R v Stone/Dobinson
5) Endangerment/creation of a dangerous situation - R v Miller

Question 7

How is guilt by omission determined?

Answer 7

Objective test - would a reasonable person have realized the danger and acted differently?

Question 8

What is causation in fact?

Answer 8

If the result would not have occurred “but for” the act.

Question 9

How do you determine causation in law?

Answer 9

Conduct must have been substantial, blameworthy, and the operating cause of the result. It must have made a difference - R v Dalloway.

Question 10

What is novus actus interveniens?

Answer 10

An unconnected, unforeseen, coincidental event which breaks the chain of causation.

Question 11

What are the requirements for intervention to break the causal chain?

Answer 11

Intervention must be free, voluntary (R v Pagett), informed (R v Michael), and unforseeable.

Question 12

What does it mean to “take the victim as you find them”?

Answer 12

A unique vulnerability in the victim does not affect the chain of causation or absolve the perpetrator.

Question 13

How does medical treatment affect causation?

Answer 13

Two ways:
1) Victim refusing medical treatment does not break the chain (R v Blaue)
2) Negligent medical treatment doesn’t break the chain (R v Mellor) unless the original wound was almost entirely healed (R v Jordan)

Question 14

What are the levels of mens rea, from most serious to least serious?

Answer 14

1) Intention
2) Knowledge
3) Belief
4) Recklessness
5) Negligence

Question 15

List the topics covered in class.

Answer 15

Elements of an offence
Actus Reus and Causation
Mens Rea and Murder
Voluntary Manslaughter
Involuntary Manslaughter
Offences Against the Person
Defences
Theft and Fraud
Secondary Participation and Attempts

Question 16

What are the requirements for causation?

Answer 16

Must find both causation in fact as well as in law.

Question 17

Is it murder if someone was dying anyways and the defendant hastened it?

Answer 17

Yes. We all die someday, so accelerating a death can be a material contribution to the death and thereby be murder.

Question 18

What are the two kinds of intention?

Answer 18

Direct intention and oblique intention.

Question 19

What is the test for direct intention?

Answer 19

If the perpetrator would regard it as a failure if the consequence had not been achieved.

Question 20

What is the test for oblique intention?

Answer 20

Derived from R v Woollin:
1) Result is virtually certain (objective)
2) D foresees result as virtually certain (subjective)
3) Jury is then permitted to find intention (not prescriptive).

Question 21

What is the link between causation and foreseeability?

Answer 21

If the consequences were a foreseeable result of D’s actions, then there is a causal link. - R v Roberts.

Question 22

What is the definition of recklessness?

Answer 22

D foresees particular type of harm and takes the risk anyways. R v Cunningham, R v Stephenson.

Question 23

Are all actus reus voluntary (notwithstanding duress)?

Answer 23

• Actions are presumed voluntary unless the issue is specifically raised
• Exceptions to voluntariness include unconsciousness, or when one is being physically manipulated by another
• Cannot claim involuntary action if the cause was self-induced (e.g. voluntarily drunk)

Question 24

Definition of transferred malice

Answer 24

• Derived from R v Latimer
• D intended to harm A but accidentally harmed B, they are liable for B’s injuries
• For transferred malice to function, the mens rea must have been for the same offence

Question 25

What is general malice?

Answer 25

When the mens rea does not concern a specific victim, such as planting a bomb in a public place.

Question 26

What are the homicide offences?

Answer 26

Offences resulting in a death. Includes:
Murder and manslaughter:
Voluntary manslaughter: Loss of Self-Control Manslaughter and Diminished Responsibility Manslaughter
Involuntary manslaughter: Constructive/Unlawful and Dangerous Act Manslaughter, Gross Negligence Manslaughter, Reckless Manslaughter

Question 27

List the elements of murder.

Answer 27

• Unlawfully causing death
• of a person in being
• under the King’s peace
• with intention to kill or cause grievous bodily harm

Question 28

What are the elements of the actus reus for murder?

Answer 28

Conduct: Unlawful
Consequence: Causing the death of a person in being
Circumstance: Under the King’s peace

Question 29

What is the mens rea for murder?

Answer 29

Either:
1) Direct intention to cause death or grievous bodily harm to V
2) Oblique intention: death or GBH is a virtually certain result of D’s actions, and D foresaw that at the time

Question 30

Who cannot be convicted of murder?

Answer 30

Organizations/corporations
Persons who are insane under M’Naughton rules
Children under 10

Question 31

When is causing death lawful?

Answer 31

• Permitted by statute
• Self-defence
• Lawfully accelerating death with painkillers by a doctor

Question 32

When is someone legally dead?

Answer 32

No strict definition, but heartbeat, breathing, circulation, and brain activity are all factors.

Question 33

Definition of a person in being

Answer 33

• Child must be completely outside mother
• Child must be capable of independent existence (breathing and independent circulation)

Question 34

Definition of Under King’s Peace

Answer 34

Excludes killing which takes pleace in accordance with the rules of war

Only pertains to the status of the victim - killer may believe they’re in a war and still be guilty of murder (R v Adebolajo and Adebowale)

Question 35

What is the maximum time allowed to pass between the act and the death for a murder charge?

Answer 35

No limitation, however the Attorney General must consent if 3+ years have passed or if D was already prosecuted for a non-fatal offence. - Law Reform (Year and a Day Rule) Act 1996