General Elements of Criminal Law Quiz

General Elements of Criminal Law

• A crime requires proof of actus reus (guilty act) and mens rea (guilty mind).
• Actus reus is the physical element of the crime - the prohibited act itself.
• Mens rea is the mental element of the crime - the defendant's state of mind at the time of the act. This can vary, but includes intention, recklessness, negligence, and knowledge.

Causation

• Causation establishes a link between the defendant's actions and the consequences.
• Two types of causation need to be proved: factual and legal causation.
• Factual causation considers whether the defendant's actions were a necessary condition for the consequence. The "but for" test is used: would the consequence have occurred but for the defendant's actions?
• Legal causation considers whether the defendant's actions were the substantial and operating cause of the consequence. This means their actions were a significant and continuing cause, rather than a mere background condition. The intervening act doctrine is important here, as an intervening act that breaks the chain of causation can absolve the original actor of culpability.

Contemporaneity Rule

• The contemporaneity rule states that mens rea must be present at the time of the actus reus.
• This means the defendant's mental state must coincide with their actions during the criminal act.
• Failure to prove the two are concurrent will lead to an acquittal.

Transferred Malice

• Transferred malice applies when a defendant intends to cause harm to one person but instead causes harm to another.
• The defendant's mens rea towards the intended victim transfers to the unintended victim.
• The defendant's intent is transferred from the intended victim to the actual victim. This is relevant to crimes concerning harm or injury to a person's body or possessions.