Topic 1 - Basic Principles of Criminal Law Flashcards
Actus reus - general
> Literal meaning = guilty act.
Can be broken down into elements.
Act can also be to ‘omit’ to do something or a ‘state of affairs’.
Such act may not be ‘guilty’ unless for example there is one/or more of either a consequence, conduct of circumstance element present.
‘Guilty’ must be unlawful.
Are permissions e.g. self-defence, prevention of crime, where not considered unlawful.
To say an act is permissible, e.g. due to need for self-defence, is different from the operation of defences, such as duress or mistake, which are excuses.
Involuntary conduct - automatism & voluntariness
> Generally, conduct must be ‘voluntary’ to attract criminal liability.
A claim of ‘automatism’ is a denial of voluntariness, a claim that the ordinary link between mind & behaviour was absent, or that the link had become distorted in some fundamental way.
Note to self - are cases where something happens to one’s body which is involuntary but not ‘automatic’.
Involuntary extends to instinctive reactions and ‘mental disconnection’, e.g. sleepwalking whilst commit.
Automatism undermines sense in which someone is engaging in ‘conduct’ at all, and thus amounts to a denial of the conduct element of crime. (Can also be regarded as a defence to crime rather than denial of an essential component of criminal conduct.
In theory automatism can prevent liability for all crimes.
Since a plea of automatism may apply to all, or almost all, crimes, the courts have attempted to circumscribe its use, defining it fairly narrowly and developing major doctrines of limitation.
Involuntary conduct - how have the courts limited automatism?
> Where a D brings credible evidence to raise possibility of involuntariness, the prosecution must establish beyond reasonable doubt that the accused wasn’t in a state of automatism when the conduct occurred.
Automatism claims must be backed by medical advice.
Involuntary conduct - the essence of automatism - examples of involuntariness which might amount to automatism
> Include convulsions, muscle spasms, or ‘acts’ following sever concussion.
Involuntary conduct - involuntary definition
> Hart, negative definition of involuntary actions: “movements of the body which occurred though the agent had no reason for moving his body in that way.”
Leads to 2 types:
1. Uncontrollable behaviour e.g. reflexes, epileptic fits.
2. Behaviour which proceeds from severely impaired consciousness.
Involuntary conduct - automatism doctrine
> Automatism doctrine should have greater flexibility and power to be applies where the influence on conduct of a deluded or disordered mind is not self-induced.
Law Commission proposes that automatism should be defined as follows:
“where at the time of the alleged offence the accused suffered a total loss of capacity to control his or her actions which was not caused by a recognised medical condition.”
“depriving him of effective control.”
Involuntary conduct - at common law what are the 3 major limitations the courts have imposed on the doctrine of automatism?
> Courts have excluded case involving:
- Insanity
- Intoxication
- Prior fault.
