Unit 2: Structure and elements of an offence Flashcards
The principle of responsibility:
Essential for the protection of the individual and a safeguard against State tyranny
It is a fundamental principle of criminal law that a person can only be convicted of a criminal offence if the prosecution have proved ‘beyond all reasonable doubt’ that;
D is responsible for the behaviour in question, and that
D had the required state of mind in relation to that behaviour
the principle of responsibility (simple)
Behaviour + State of mind + Beyond all reasonable doubt = Responsible
The structure of an offence:
D is responsible for the behaviour in question
- This part of the crime is called the actus reus and is sometimes referred to as the external element of the crime.
D had the required state of mind in relation to that behaviour
- The other part of a crime is called the mens rea and is the part of the offence to do with the state of mind. This is referred to as the mental element or internal element.
the structure of an offence (simple)
Actus reus + Mens rea = Crime
The coincidence principle (or correspondence principle):
- The two elements must occur at the same time
- An act is not sufficient, there must also be a guilty mind
- However, the requirement that the actus reus and mens rea must coincide has caused problems!
Actus reus is essential!
There must always be an act
Actus reus is essential!: case law
- Deller (1952) 36 Cr App R 184
Wanted to take out a loan on his car→then wanted to sell his car meaning he would have twice the amount of money→ when he sold his car he lied- sold it on the basis he had no finance on it.
Ended up in court → paperwork for financing his vehicle had not gone through→ so it turned out he wasn’t lying however his intentions were fraudulent. Because there was no actus reus
*However, it is possible for the actus reus to be minimal
oE.g. Inchoate offences such as encouraging or conspiracy
