Untitled Quiz

Actus Reus

• Actus Reus (AR) refers to the guilty act committed by the defendant (D). This needs to be a voluntary act, meaning it was purposefully done.
• Failure to act is generally not considered AR, meaning there is no legal obligation to help others in the UK. There are exceptions to this rule, such as:
  • Statutory duty: When a law mandates a specific action.
  • Contractual duty: When an individual has a contractual obligation to ensure the safety of others.
  • Relationship duty: When there is a legal obligation to care for another person due to a relationship, like a parent-child.
  • Voluntary Duty: When an individual voluntarily takes on a duty of care and fails to meet the standards of that duty.
  • Official Position: When an individual fails to act in their official capacity, leading to harm.
  • Causing a chain of events: When an individual initiates a dangerous situation and fails to take reasonable steps to avert the danger they created.
• Conduct crimes involve the actions of the defendant (D), while consequence crimes involve the outcomes caused by D's actions. Lastly, state of affairs crimes involve D being in a place prohibited by law.

Causation

• Causation establishes whether D's actions were directly responsible for the victim's (V) harm.
• Factual causation (FC) is established using the 'but for' test, meaning 'but for' D's actions, would V have suffered harm? If yes, then FC is not established, and D is not responsible. If no, then FC is established.
• Legal causation requires D's actions to have a "more than minimal" contribution to V's harm.
• Thin skull rule: Applies when V has a pre-existing condition which makes them more vulnerable. D is still responsible for the full extent of V's injuries, even if they were exacerbated by the pre-existing condition.
• Intervening acts can break the chain of causation (CoC), making D not liable for V's harm. These acts can be by V themselves, a third party, or an unpredictable act of God.
• Medical treatment: Rarely breaks the CoC, unless it was so grossly negligent that it becomes the sole cause of V's harm.

Mens Rea

• Mens Rea (MR) is the mental element of a crime. It involves the guilty mind of the defendant, and it must be proven "beyond a reasonable doubt" for a conviction.
• Intention is the highest level of MR, meaning D wanted or desired the outcome to occur.
  • Direct intent: When D's desired outcome occurs.
  • Indirect intent: When D's desired outcome doesn't occur, but it was a virtually certain consequence of their actions.
• Recklessness is a lower level of MR, meaning D was aware of the risk of harm but disregarded it. This is considered a form of "basic intent."
• Negligence is the lowest level of MR. It involves falling below the reasonable person standard of care, failing to act with due diligence.
• Transferred Malice: Applies when D intended to harm one person (V1) but accidentally harms someone else (V2). D can still be charged with the crime, as their MR is transferred to V2.
• General Malice: If D did not have a specific intended victim (V) but their actions resulted in harm, this general malice can be considered MR for the crime.

Strict Liability Offences

• These crimes do not require proof of MR for at least one aspect of the guilty act. The focus is on the act itself, not the intention behind it.
• It is often challenging to determine whether a statute creates a strict liability offense. Courts often interpret the language of the statute to make this determination.
• Defenses like "due diligence" and "mistake" are generally unavailable in strict liability offences.
• These offenses can be very controversial, as individuals can be found guilty even if they had no intention to commit a crime.

Offences Against the Person Act 1861 (OAPA 1861)

• S20 OAPA 1861: Unlawful and malicious wounding or inflicting grievous bodily harm (GBH). This is a non-fatal offense, carrying a maximum sentence of 5 years imprisonment.
  • AR: Requires a wound, which breaks the continuity of the skin. A scratch is not considered a wound.
  • MR: Requires intention or recklessness to cause some harm. It is not necessary to intend to cause GBH.
• S18 OAPA 1861: Unlawful and malicious wounding or causing GBH with the intention of doing some GBH, or resisting lawful apprehension or detention.
  • AR: Similar to S20, requiring a wound or GBH.
  • MR: Requires intention to cause GBH, or intention to resist arrest. Recklessness is insufficient for S18.

Murder

• Murder is a fatal offense carrying a mandatory sentence of life imprisonment.
• AR: Requires the unlawful killing of a reasonable person under the Queen's peace (with no war ongoing).
• MR: Requires "malice aforethought," which can be expressed (intent to kill) or implied (intent to cause GBH).
• Factual causation: 'But for' test applies.
• Legal causation: D's actions must be a ‘more than minimal’ cause of V's death.
• Thin skull rule: Applies to murder cases as well, meaning D is responsible for the full extent of V's injuries even if exacerbated by a pre-existing condition.
• Intervening acts: May break the chain of causation, potentially reducing the charge to manslaughter.
• Defenses: Loss of control and diminished responsibility can be used as defenses in murder trials.