Unit 5

Question 1

What is actus reus?

Answer 1

The guilty or prohibited act. It is the external element required to establish a charge against D.

Question 2

What is causation?

Answer 2

Result crimes are those in which the AR is defined in terms of prohibited consequences, irrespective of how these are brought about e.g. causing death (murder) or GBH. This differs from conduct crimes.
Conduct crimes are those in which the AR is concerned with prohibited behaviour regardless of its consequences e.g. perjury.

Question 3

What are the two tests of causation?

Answer 3

Factual causation- the ‘but for’ test (White) (Dalloway)
Legal causation- D’s act/omission must be substantial cause (Cheshire), need not be the sole of main cause, provided it is a cause (Pagett).

Question 4

What is mens rea?

Answer 4

MR refers to the guilty mind required for criminal liability. It’s the mental element required to prove a charge against D.

Question 5

What are the 6 forms of mens rea?

Answer 5

Intention
Subjective recklessness
Knowledge and belief
Transferred malice
Dishonesty

Question 6

What is the most serious form of mens rea?

Answer 6

Intention

Question 7

What is direct intention?

Answer 7

Direct intention corresponds with everyday meaning of intention. Refers to D’s aim or purpose or goal.

Question 8

What is oblique intention?

Answer 8

More broad than direct intention and includes foreseeable and inescapable consequences of achieving a desire result, even if the consequence itself is not desired. Woollin and Nedrick.