Basic components

• Actus Reus - the act / omission of the crime
• Mens Rea - the guilty mind of the crime
• Omission - the failure to act where there is a duty to act
• Duty to act via a contract:

  • where the D has a duty to act due to the requirements outlined in a contract
  • case: Pitwood
• Duty to act via relationship:

  • where the is a duty owed to the V by the D due to a relationship(usually parent-child)
  • case: Gibbins & Proctor
• Duty to act taken on voluntarily:

  • when the D voluntarily taken on the responsibility for V (seen through D's act)
  • case: Stone & Dobinson
• Transferred Malice : mens rea is transferred from intended victim to actual victim

  • Latimer 1886: malice transferred
  • Pembliton 1874 : malice cannot be transferred between crimes of different nature
• Coincidence : actus reus and mens rea must coincide (occur at the same time)

  • Fagan 1968: a continuing act of the actus reus
  • Thabo 1954