Men's rea and Actus reus

• what is a crime?

  A crime involves conduct which is forbiddem ny the state and for which there is a punishment.
• Voluntary act - an action done with intent
• Involuntary act - an action done without intent
• what is the actus reus of a crime?

  The physical element of the crime, what the defendant did or failed to do
• What is the men's rea of a crime?

  It is the mental element of the crime- what the defendant is intening, thinking or failing to think about when the crime is committed
• what is a crime of strict liability?

  A crime that can be commited by proof of actus reus alone
• What are examples of crimes of strict liability?

  sex with a minor

  Driving offences
• who has the burden of proof in a criminal case?

  The prosecution
• What must the prosecution prove about the defendant?

  The defendant is guilty beyond all reasonable doubt
• what is a conduct crime?

  A crime that is commited without there having to be a consequence
• what is an example of conduct crimes?

  Drink driving
• What is a consequence crime?

  A crime when the consequence aspect of the crime happens.
• what are the three things to be proved for the d to have committed the actus reus of the crime?

  Actus reus must have been volunatarily commited

  The actus reus must have been an act or an omission

  The actus reus must have caused the result
• What is meant if the defendant did something volunatarily?

  The defendant is only acted voluntarilyy if they are in control of their actions
• what is a state of affairs case?

  in some very rare cases the D canbe convicted even though the act was not desired by the D but happened through actions against their will
• What is an omission?

  A failure to act
• What are the five areas where people are obligated to act?

  A contractual duty

  A parental, family or equivalent duty

  A voluntary assumption of responsibility

  A creation of a dangerous situation by the defendant

  A statute
• What is meant by a contractual duty?

  When two parties enter into a contract, there is an expectation that they will fulfill their duties under said contract and not cause harm via their actions or omissions
• What is meant by a duty by a parental, family or equivalent relationship?

  Where an individual owes a duty of care to those such as family members or in equivalent relationships. This duty arises from the nature of the relationship, and individuals may be expcted to take reasonable care to avoid harm being caused.
• What is meant by a voluntariy assumption of responsibility?

  If a person volunatarily assumes responsibility for another person's safety or wellbeing, they may be considered to owe a duty of care over that person.
• what is meant by creation of a dangerous situation by the defendant?

  If an individual creates a dangerous situation or poses a risk of harm to others, they may have a duty to take reasonable steps to prevent harm.
• What is a statute?

  A particular law or regulation defines a duty to act or do something.
• What is causation?

  The defendant's conduct must have caused whatever consequence is needed for the actus reus
• In terms of causation, what must the prosecution prove?

  The defendants action was a cause in fact

  The defendant's action was a sufficient cause in law

  And the chain of causation was not broken by intervening acts
• What is the test for factual causation?

  'but for' the defendant's actions, the victim would not have been injured or killed.
• What is meant by legal causation?

  The defendant's actions must be an operating and susbtantial cause of deat hor injury
• What is an intervening act?

  An act which breaks the chain of causation.
• what are three examples of intervening acts?

  negligent and poor/innapropriate treatment

  Medical treatment being unreasonably refused

  Victim can brea kthe chain if they act unreasonably and unforseeably
• What is the thin skull principle?

  If the victim has a physical weakness which means that the injuries that they suffer are more serious than someone who did not have the weakness, this will not break the chain of causation provided the original injury is reasonably forseeable.
• What are the two types of men's rea, which is worse in terms of blame?

  Intention is the most blameworthy

  Recklessness is less blameworthy
• Do all offences require intent in their men's rea?

  No. An example of an offence that does is Murder and assault (section 18 of the offences against the person act 1861)
• what are the types of intention?

  Direct, and oblique intention
• what is direct intention?

  Where the defendant intends to bring about a particular consequence.
• what is oblique intention?

  Where the defendant does not have a fixed aim or desired consequence in mind. However, if there is a conseqence that is virtually curtain and the defendant recognises this, this is sufficient grounds for a jury to find intention.
• what is transferred intent?

  Transferred intent is a legal concept that applies when a person intends to harm one individual but unintentionally harms a different individual instead.
• what is subjective recklessness?

  Where the defendant is conscious and takes an unjustified risk.
• What is the criteria for subjective recklessness?

  Awareness of the risk.

  The defendant thought about the risk
• What is coincidence in terms of actus reus and mens rea?

  Coincidence refers to the requirement that the actus reus and mens rea of a crime must occur at the same time.
• What is the exception to coincidence in terms of actus reus and mens rea?

  The actus reus and mens rea must happen in the same chain of events, not necessarily at the same time.