week 3 lecture 1

Question 1

What is the “burden of proof” in criminal law?

Answer 1

The prosecution must prove the defendant’s guilt beyond a reasonable doubt.

Question 2

2. What are the key elements of a crime?

Answer 2

o Actus Reus: The physical act or omission that constitutes the crime.
o Causation & Novus Actus Interveniens: The defendant’s actions must directly cause the result, and no new act can break the chain of causation.
o Mens Rea: The mental state or “guilty mind” required to commit the crime.

Question 3

3. What is the meaning of “Actus non facit reum nisi mens sit rea”?

Answer 3

A person is not guilty of a crime unless their mind (intent) is also guilty.

Question 4

4. What is Mens Rea?

Answer 4

• Answer: The mental element of a crime, which refers to the defendant’s state of mind at the time of committing the act (guilty mind).

Question 5

5. What are the broad and narrow definitions of Mens Rea?

Answer 5

o Broad: “A general immorality of motive” (Sayre, 1968).
o Narrow: The specific mental state provided for in the definition of an offence (e.g., intention, recklessness).

Question 6

6. What is the difference between motive and mens rea?

Answer 6

• Answer: Motive refers to the reason behind an action, but the law is concerned with the defendant’s mental state (mens rea) during the crime, not their motive.

Question 7

8. What is the definition of intention in criminal law?

Answer 7

• Answer: Intention means purposefully bringing about a result or committing an act with the aim of causing a particular outcome.

Question 8

10. What is criminal negligence?

Answer 8

• Answer: Recklessness is taking an unjustifiable risk, even if the defendant is aware of the risk and its potential consequences.

Question 9

7. What is the difference between subjective and objective tests in determining mens rea?

Answer 9

o Subjective Test: What the defendant personally thought or knew at the time (used in Ireland).
o Objective Test: What a reasonable person would have thought or known (used in England).

Question 10

10. What is criminal negligence?

Answer 10

• Answer: Criminal negligence is the failure to exercise reasonable care, where the defendant’s conduct creates a high risk of harm to others, usually without considering the potential consequences.

Question 11

11. What is the difference between ordinary negligence and criminal negligence?

Answer 11

• Answer: Ordinary negligence refers to carelessness in everyday situations, while criminal negligence refers to a serious and gross failure to recognize risks that could lead to harm, often resulting in manslaughter charges.

Question 12

12. In which case was the concept of criminal negligence in driving established?

Answer 12

• Answer: People v. Dunleavy (1948) – The driver caused a cyclist’s death by driving negligently and was convicted of manslaughter.

Question 13

13. What are the two questions considered in criminal negligence cases?

Answer 13

1. Would a reasonable person have been aware of the risks?
2. Knowing those risks, would a reasonable person have continued with the action?

Question 14

14. What is the definition of recklessness?

Answer 14

• Answer: Recklessness is taking a risk without justification, even though the defendant is aware of the risk involved.

Question 15

15. What is the Cunningham Recklessness test?

Answer 15

• Answer: The defendant must actually be aware of the risk and proceed with the action despite that awareness.

Question 16

16. What is the Caldwell Recklessness test?

Answer 16

• Answer: The defendant is reckless if they create an obvious and serious risk, even if they didn’t think about the risk (an objective test).

Question 17

17. How is recklessness measured in criminal law?

Answer 17

• Answer: Recklessness is measured by an objective standard—what a reasonable person would have known about the risk and harm.

Question 18

18. What case modified the test for recklessness to include “closing one’s eyes to an obvious risk”?

Answer 18

• Answer: R v. Parker (1976) – The case modified the recklessness test, allowing for subjective recklessness when the defendant closed their eyes to an obvious risk.

Question 19

19. What case demonstrated subjective recklessness?

Answer 19

• Answer: R v. Stephenson (1979) – The court applied a subjective test, finding the defendant not guilty because he did not foresee the risk.

Question 20

20. What is the key difference between intention and recklessness?

Answer 20

• Answer: Intention involves purposefully bringing about a result, while recklessness involves taking an unjustifiable risk without good reason.

Question 21

21. In which case was the test for recklessness described as “a state of mind stopping short of deliberate intention, and going beyond mere inadvertence”?

Answer 21

• Answer: R v. Lawrence (1982) – The court defined recklessness as a mental state between intentional action and mere inadvertence.

Question 22

22. What was the outcome of the case Elliott v C (1983) in relation to recklessness?

Answer 22

• Answer: The court held that recklessness was judged by the standards of a reasonable person, not the defendant’s personal ability to perceive the risk.