Unit 1 - Actus Reus and Mens Rea

Question 1

what are the two schools of thought on criminalisation ?

Answer 1

1) the moralist approach - Criminalising conduct that is regarded as morally blameworthy even if no harm is caused

2) utilitarian approach - Criminalises conduct that in addition to being blameworthy, also causes identifiable harm.

Question 2

name 4 exceptions to the general principle of omissions liability ?

Answer 2

special relationships, breach of contractual duty, breach of statutory duty and creation of dangerous situations

Question 3

what are the 2 types of causation and what must be satisfied for each?

Answer 3

1) Factual Causation - The BUT FOR test

2) Legal Causation
a) actions related to the chain of causation
b) Consequence must be attributable to a culpable act or omission
c) The culpable act must be more than a minimal cause of the consequence
d) The culpable act need not be the sole cause

Question 4

what are Basic, specific and ulterior intent ?

Answer 4

BASIC - Most offences are crimes of ‘basic intent’ - traditionally defined as those offences where a lesser form of mens rea is required than intention.

SPECIFIC INTENT - offences are those where the only mens rea that will suffice to convict a person of the crime is that of intention. Examples are murder, assault under s 18 of the Offences Against the Person Act 1861 and theft.

ULTERIOR INTENT - also appears in relation to some criminal offences - means that the prosecution must prove an ‘extra’ element of mens rea against the defendant before it can secure a conviction.