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Issues with the criminal justice system > the elements of a crime > Flashcards

the elements of a crime Flashcards

1
Q

How does an offence take shape?

A

How does an offence take shape?

AR + MR (-defence) = Liability

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2
Q

Breakdown of equations

A 
AR = Actus Reus
MR = Mens Rea
Defence = insanity, self defence, loss of control etc
Liability = the liability to be found guilty of the offence
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3
Q

all offences have two very basic elements

A

Actus Reus and Mens Rea

These are the foundations of the offences you deal with

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4
Q

Actus Reus

A

the guilty act (physical aspect)-

prohibited by the law

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5
Q

Mens Rea

A

the guilty mind (thinking/mental aspect)

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6
Q

to have an offence which liability can exist

A

AR and MR must connect

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7
Q

Example of when an offence is not an offence

A

The D(efendant) walks into the V(ictim) and head butts her
There are two possible outcomes here
a) Intentionally committed a non-fatal offence
b) Tripped, fell and made contact with her head
This is where the use of MR is important, it can change the entire meaning of an offence

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8
Q

Actus Reus extended

A

Actus non facit reum, nisi mens sit rea

An act is not necessarily a guilty act unless it is accompanied by a guilty mind.

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9
Q

in law context is everything

A

Lord Steyn in R (Daly) v Home Secretary [2001]

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10
Q

what will the AR of every offence be defined in

A

the statute (OAPA 1861) or in the common law

  • It can either be very vague – ‘harm’ or there may be further definition within the statute
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11
Q

Actus Reus requires

A
  • Murder: Stab, shoot, etc
  • Battery: Touch, push, etc
  • Actual bodily harm: Punch, bruise, cut, etc
  • Theft: “Appropriation of property belonging to another”
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12
Q

Three categories of AR

A

1) A positive act
2) An omission
3) A state of affairs

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13
Q

positive act

A

Physically doing something: such a strangling, hitting, stabbing etc…

It must however be voluntary – if there is an involuntary act, then the effect will not be the same

Bratty v A-G for Northern Ireland: The requirement that [the act of the accused] should be a voluntary act is essential… in every criminal case. No act is punishable if it is done involuntarily

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14
Q

Omissions

A

 A failure to do something, generally involving some form of a duty to care

 There are 5 types of omissions

 As citizens, there is no requirement for us to act and help other people

 There is in France, Paps arrested at Princess Diana’s death due to their lack of assistance

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15
Q

5 types of omissions

A

special relationships

dangerous circumstances

contractual

quasi employment through statute

assumed responsibility

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16
Q

special relationships

A
  • Is the victim dependent – such as an adult with learning difficulties? Is there parental care?
  • Gibbins v Proctor: Children starved to death, murder by omission – parents owed their children more action than what they did
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17
Q

dangerous circumstances

A
  • Where the defendant has created a dangerous situation and then fails to rectify said situation
  • R v Miller: created a fire by falling asleep with a cigarette, when saw fire they simply left the fire and offered no help – lack of response was the omission
18
Q

contractual

A
  • Where a contract to act exists in some form and the D doesn’t do this, such as teachers and their ability to look after those in their care
  • R v Pittwood: railway worked failed to do what they were obliged to do, and the deaths as a result were their fault
19
Q

Quasi Employment through statute

A
  • Typically less common, but covers police officers and Mp’s who have a duty to act in a certain way down to their employment contracts and obligations
20
Q

assumed responsibility

A
  • Where D has voluntarily assumed responsibility, but if they then stop with the care they are held responsible
  • Stone v Dobinson – D begun volunteering but when the person became seriously ill, they stopped caring and left them seriously unwell without alerting authorities
21
Q

state of affairs

A
  • final type of AR
  • comes from the situation that the defendant finds themselves in
  • Technically, sleeping in your car after a heavy night means you are drunk in charge of a vehicle – your situation becomes the act, although you aren’t necessarily driving, you’re actions are enough
  • You’ve found yourself in a set of circumstances and this is the act which is enough to satisfy the AR
22
Q

chain of events

A

 Although involuntary acts do negate the liability of the person who has committed (such as involuntary spasm, swarm of bees etc)

 If the D sets off a chain of events, then they are responsible for all the injuries or results of that decisions

 R v Mitchell: D pushed a man in a queue, who knocked over an elderly man who died – resp for the death

23
Q

What is MR

A
  • Mens Rea- aka the guilty mind

- There is a big difference between an AR with no MR and an AR with a guilty mind

24
Q

types of MR

A
  • Different levels of MR, no 1 being the most serious and blameworthy and the 4th the least blameworthy
25
Q

levels of MR

A
  1. . Intention
  2. recklessness
  3. negligence
  4. SLO
26
Q

where to find the MR

A
  • The mr for each offence will always be found in the statute, again such as with AR, there will be a hint as to what the level is
  • Most offences have two types of MR allocated to them, most commonly allowing either intention or recklessness
27
Q

intention

A

The most severe, and blameworthy frame of mind

  • To have intention means to have a desire, plan or aim to commit a criminal act, making the defendant blameworthy
  • Hard to prove and to attempt to prove this as a mindset, the courts will look to the physical items or actions which indicate a mindset
  • Mohan (1975) ”intention is an aim or decision to bring about certain consequences”
  • It is a conscious decision to bring an action to fruition and there are 2 different types of intent
  • Direct and Oblique (also called indirect)
28
Q

direct and oblique intention

A
  • Oblique intent is generally reserved for murder, and it is suspiciously close to recklessness which is not available for murder
  • Intent and foresight are intrinsically linked- it is a way in which to ensure the D has got intent
29
Q

direct intention

A

D desires and aims for consequences that eventually occur

30
Q

oblique intention

A

includes when outcome is desires but when an outcome is not directly desired but was clearly inevitable- must be foreseen by D

31
Q

foresight

A
  • To establish whether there was foresight of consequences
    1) Is harm a natural consequence of D’s voluntary act?
    2) Did the D foresee that cons as being a natural consequence of the act
  • If yes, then it is proper to infer that D intends the consequence
32
Q

intent and foresight link

A
  • Foresight is not that same as intent, but when the Jury are satisfied that D did foresee for virtually certain to cause the action- than the jury could say he intended the result
33
Q

recklessness

A
  • D most frequently behave recklessly when performing the AR of an offence
  • Therefore, AR can be considered to be not as sinister as intent but more akin to stupidity
  • It is the MR for several offences as well as intention
34
Q

a part 2 test to establish recklessness

A

1) The D saw the risk of harm being caused by their act and decided to act anyway
2) The D’s taking of the risk was unjustified

35
Q

understanding the test

A
  • The decision on whether the D saw the risk is currently subjective- est in R v G (2003) meaning that the test based on the eyes of the D- did the D see the risk
36
Q

unjustified risk

A
  • The second element is whether the risk was justified, and is assessed objectively
  • If it is objectively justifiable then D is not reckless- although rare to happen it does exist
  • E.g. swerving to avoid a child but then hitting a parked car
37
Q

offences requiring recklessness

A
  • Unlawful Act MS
  • Reckless MS
  • S20 OAPA 1861
  • S47 OAPA 1861
  • Assault/Battery
  • Criminal Damage
38
Q

negligence

A
  • Actually a civil action and relatively uncommon within the criminal law- but does still concern some offences
  • Est in Donoghue v Stevenson: the D owed the claimant a DoC and that DoC was breached
39
Q

DoC

A
  • The criminal law is only involved if the breach is GROSS
  • R V Bateman: Gross Neg is when the standard of reasonable care falls far short of what is expected by the law
  • Typically used for Gross Negligence MS
40
Q

test for GNM

A
  • R v Adomako: defined GNM and therefore negligence as a whole
    1) There must be a breach of a DoC
    2) Which then causes death
    3) And be grossly negligent
41
Q

SLO

A
  • An AR without the MR
  • The courts do not need to prove intent, recklessness or even negligence
  • D can be convicted even though the MR has not been satisfied
  • It is only regulatory offences that have SLO, these will carry a fair lighter sentence and very low moral stigma
  • The idea is that by using SL for regulation, public safety we can ensure that there will be greater vigilance and protection

Issues with the criminal justice system (34 decks)

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