Missdd

• Contemporaneity


  For a crime to take place, the actus reus and the mens rea must take place at the same time
• How the principle of contemporaneity works

  1. Actus reus

  2. Mens rea
• At the time of the actus reus (driving onto the foot)


  The mens rea was lacking
• Single transaction theory


  The courts may treat a series of acts as one transaction. If the mens rea was present at any time during any of these acts, it can be said to coincide with the actus reus.
• Recklessness is a lower level of mens rea than intention
• Recklessness is where the defendant knows there is a risk of the consequences happening but takes that risk
• Offences for which recklessness is sufficient for the mens rea

  • Assault and battery
  • Assault occasioning ABH (s.47 OAPA 1861)
  • Malicious wounding /GBH (s.20 OAPA 1861)
  • Arson criminal damage
• Cunningham case


  • Defendant dripped gas from a meter to steal money, causing gas to escape and make a woman ill
  • Defendant convicted of "maliciously administering a noxious thing"
• Malicious


  Can either mean intentionally or recklessly
• Subjective recklessness test


  Defendant not guilty as he himself wasn't aware of the risk