Actus Reus and Mens Rea

Cards (19)

  • What is the test for factual causation?

    “But for the defendant’s conduct/[omission], would the result have occurred?”
  • How is legal causation established?
    Was the defendant’s conduct a substantial; blameworthy and operating cause
  • When establishing legal causation, the chain of causation must not be broken
  • A break in the chain of causation is called novus actus interveniens
  • How can a break in the chain of causation come about?

    • Subsequent actions of D
    • Natural events
    • The actions of the victim - R v Kennedy [2007] - victims’ can break that chain if their act is free, voluntary and informed
    • The actions/omissions of a third party
  • In what five areas does a duty of care exist?
    • Statutory/law enforcement duty
    • Contractual duties to act
    • Familial duties to act
    • Duty based on a voluntary assumption of care
    • Duty arising from the creation of a dangerous situation
  • What's an example of a breach of duty of care in statutory duty?
    • R v Dytham [1979]
    • A police officer was near a club and saw someone being kicked out and there was a fight in which he didn’t intervene and a person died
  • What's an example of a breach of duty of care in contractual duty?
    • R v Pittwood [1902]
    • Pittwood was a railway gatekeeper and in an instance didn’t close the gate and a disaster occurred and it was found that it was an omission.
  • What's an example of a breach of duty of care in familial duty?
    • R v Hood [2004] a married couple
    • She fell down the stairs and for three weeks he failed to take care of her and didn’t call for help at all
  • What's an example of a breach of duty of care in voluntary duty?
    • R v Stone and Dobinson [1977]
    • The defendant’s sister went to live with the couple, her anorexia worsened and she was found dead in her bed
    • The court argued they had assumed a voluntary duty of care when they let her move in as they were aware of her illness so breached that duty by doing nothing about her illness
  • What's an example of creating a dangerous situation?
    • R v Miller [1983]
    • Miller was a smoker, lit a cigarette and then fell asleep and the mattress caught on fire and instead of putting it out, went to sleep in another room resulting in the house burning down
  • What's an example of a breach of duty to act?
    R v Stone and Dobinson [1977]
    • S and D were a disabled couple who took in S's sister
    • S's sister was mentally ill and obsessed with her weight
    • S and D failed in their attempts to take care of her and she died as a result
  • What are the three levels of mens rea?
    • Intention
    • Recklessness
    • Negligence
  • Intention is the most blameworthy state of mind and has two levels: direct intent and indirect intent
  • What is direct intent?

    Result is the defendant’s aim or purpose or a means to an end
  • What is indirect intent?
    It is foreseeable that your unlawful action would occur
  • What is the test for indirect intent?
    • The Woollin Test
    • The defendant has indirect intent if
    • The result was a virtually certain consequence of the defendant’s conduct
    • The defendant personally foresaw it as virtually certain
    • The jury choose to find intention
  • The test for recklessness was established in G & R [2003]:
    • It must be shown that:
    • D was aware of the risk that a result will occur
    • And it was, in the circumstances known to the defendant, unreasonable to take that risk
  • What is the test for negligence?
    The test for negligence is objective and the defendant’s conduct falls below the standard of a reasonable person