The Basics

Question 1

What is a Crime?

Answer 1

A public wrong.

Question 2

What is the Objective of Criminal Law?

Answer 2

To punish and deter.

Question 3

What is the Purpose of Sentencing?

Answer 3

• Reducing crime.
• Punishing Offenders.
• Protecting the Public.
• Reforming and rehabilitating Offenders.
• Compelling Offenders to make reparations to their Victims.

Question 4

How do you Establish whether a Person committed a Crime?

Answer 4

• By proving, as the Prosecution;
• The Actus Reus (Guilty Action) and Mens Rea (Guilty Mind);
• Beyond a reasonable doubt without any valid Defences.

Question 5

What are the Four Types of Actus Reus?

Answer 5

• Result.
• Conduct.
• Omissions.
• Circumstances.

Question 6

What is a Result Offence?

Answer 6

The Defendant’s actions leads to a specific consequence.

Question 7

What is a Conduct Offence?

Answer 7

The Defendant performed a specific action.

Question 8

What is an Omission Offence?

Answer 8

The Defendant:

• Was under a legal Duty to Act;
• Breached said Duty by failing to act; and thus
• Caused a specific consequence.

Question 9

What is a Circumstantial Offence?

Answer 9

The Defendant performed a Result, Conduct, or Omission Offence under certain circumstances.

Question 10

What are the Two Types of Causation?

Answer 10

• Legal Causation.
• Factual Causation.

Both are necessary to prove liability for a crime.

Question 11

What is Legal Causation?

Answer 11

Proof that the Defendant’s acts or omissions were a legal cause of a given consequence.

Question 12

What is Factual Causation?

Answer 12

A finding by the Jury that the Defendant’s acts or omissions were, in fact, the cause of a given consequence.

Question 13

How is Legal Causation Established?

Answer 13

By proving the Defendant’s acts or omissions were an operative and substantial cause of a given consequence.

Bear in mind that:

• The consequence must be caused by the Defendant’s culpable conduct; and that
• The Defendant’s conduct need not be the sole operative and substantial cause.

Question 14

How is Factual Causation Established?

Answer 14

Using the But For Test, which asks whether there is a causal link between a given consequence and the Defendant’s acts or omissions.

Question 15

What is an Intervening Act?

Answer 15

A subsequent act or event renders the Defendant’s contribution inconsequential, breaking the Chain of Causation.

Examples include:

• Medical Negligence, although rarely.
• Natural Events that are Extraordinary and reasonably unforeseeable.
• Acts of a Third Party, but only if they were free, deliberate, and informed.
• Acts of the Victim, including reasonably unforeseeable escape or suicide attempts.

Question 16

What is the Thin Skull Rule?

Answer 16

One cannot escape liability because the Victim, due to some condition, suffers greater harm than one would reasonably expect.

In other words, the Defendant must take the Victim as they find them.

Question 17

Regarding Omission Offences, when does a Legal Duty of Care arise?

Answer 17

• Statute.
• Contract.
• Public Office.
• Voluntary Assumption.
• Nature of Relationship (Special Relationships).

Question 18

When does one Voluntarily Assume a Duty of Care in Criminal Law?

Answer 18

• Express or Implied Agreement: A person explicitly or implicitly agrees to care for another.
• Reliance: The other depends on the care provided.
• Knowledge of Vulnerability: The person knows or should know the other is unable to care for themselves.

If one creates a dangerous situation, they automatically assume a duty of care towards everyone endangered.

Duties may be contractual in nature, as is often the case in blue-collar work.

Question 19

Regarding Omission Offences, what are Five Types of Special Relationship?

Answer 19

• S/CPs.
• Co-Habitants.
• Doctors and Patients.
• Parents and Children.
• Police and Citizens in the Police’s purview.

These relationships automatically give rise to a legal duty to act. In all other cases, there must be a voluntary assumption of such a duty.

Question 20

What are the Different Types of Mens Rea?

Answer 20

Direct Intention:

• The Defendant wilfully commits an act to achieve a specific result.

Oblique Intention:

• The Defendant wilfully commits an act and achieves an ancillary, nearly certain result.

Awareness of Ciminality:

• The Defendant is aware of their conduct’s criminal nature.

Dishonesty:

• A reasonably honest person would deem the Defendant’s conduct dishonest; or
• It is aware of its conduct’s dishonesty according to ordinary standards.

Recklessness:

• The Defendant is aware of a risk that is objectively unreasonable to take.

Negligence:

• The Defendant’s actions fall below the standard of a reasonable person.

These are not mutually exclusive.

Question 21

How should a Judge Direct a Jury on Intention?

Answer 21

By telling them to convict the Defendant if they are satisfied it was their aim or purpose to commit the Offence.

In the rare case that the Jury requests guidance or the facts of the case so require, the Judge may elaborate by explaining Oblique Intention.

Question 22

How should a Judge Direct a Jury on Oblique Intention?

Answer 22

It may find Intention if:

• The Actus Reus was a virtually certain consequence of the Defendant’s conduct; and
• The Defendant realised as much.

Question 23

What does it mean for a Risk to be Unjustifiable?

Answer 23

Its social utility is outweighed by its severity and likelihood.

While this aspect of Recklessness is objective, the Defendant’s awareness forms a separate, subjective aspect, and Juries should be directed to what was known to the Defendant at the time.

Question 24

What is the Coincidence Principle?

Answer 24

Actus Reus and Mens Rea must coincide for the Defendant to be guilty of an Offence.

Question 25

What is the Continuing Act Principle?

Answer 25

A Defendant may be guilty of an Offence if they form the Mens Rea at some point in the continuity of the Actus Reus.

Question 26

What is the One Transaction Principle?

Answer 26

• A series of actions that cause one another, or form part of an Antecedent Plan, may comprise a single transaction.
• If this does not apply and it is unclear which action is the Actus Reus, the Mens Rea must be proven for all of them.

Question 27

What is Transferred Malice?

Answer 27

Mens Rea can transfer from intended harm to actual harm.

Malice will not transfer if the Defendant had the Mens Rea for one Offence, but committed the Actus Reus for another.

Question 28

Why is Mistake an important consideration?

Answer 28

It may determine whether the Defendant had the requisite Mens Rea.