Mens Rea and Criminal Law Concepts PDF

Created by Turbolearn AI Mens Rea Mens rea refers to the mental element of a crime, which is the intention, knowledge, or recklessness required to commit an offense. There are different types of mens rea, including: Intention: the defendant intended to commit the act Recklessness: the de...

Created by Turbolearn AI Mens Rea Mens rea refers to the mental element of a crime, which is the intention, knowledge, or recklessness required to commit an offense. There are different types of mens rea, including: Intention: the defendant intended to commit the act Recklessness: the defendant was aware of the risk of harm but chose to ignore it Negligence: the defendant failed to meet the standard of care expected of a reasonable person Recklessness Recklessness involves the taking of an unjustified or unreasonable risk. There are two tests for recklessness: Cunningham recklessness: a subjective standard that applies to most offenses Caldwell recklessness: an objective standard that applies to criminal damage The subjective standard of recklessness is referred to as Cunningham recklessness, which is defined as the defendant being aware of the risk of harm but choosing to ignore it. Knowledge and Belief Some criminal offenses require knowledge or belief as the mens rea element. For example: Theft Act 1968: requires the defendant to have knowledge or belief that the property belongs to another person Misuse of Drugs Act 1971: requires the defendant to have knowledge or belief that the substance is a controlled drug Negligence Negligence is a type of mens rea that involves a failure to meet the standard of care expected of a reasonable person. Examples of statutory offenses involving negligence include: Page 1  Created by Turbolearn AI Road Traffic Act 1988: driving without due care and attention Domestic Violence, Crime and Victims Act 2004: causing or allowing the death of a child or vulnerable adult Vicarious Liability Vicarious liability is an exception to the general rule that a person can only be held liable for their own acts. It imposes liability on the defendant for the acts or omissions of another person. There are two exceptions to this: The delegation principle: a person may be criminally liable for the acts or omissions of another under the delegation principle The attribution principle: a person may be criminally liable for the acts or omissions of another under the attribution principle Corporate Liability A corporation can be held liable for the acts or omissions of its employees or agents. The corporation has legal personality independent of its members, such as the board of directors or managers. Defences Defences are used to challenge the prosecution's case. There are different types of defences, including: General defences: apply to all offenses, such as insanity or automatism Specific defences: apply to specific offenses, such as self-defense or duress Insanity Insanity is a defence that applies when the defendant is not criminally responsible for their actions due to a disease of the mind. The MNaghten Rules are used to determine whether the defendant is insane: Page 2  Created by Turbolearn AI Element Definition a condition that affects the defendant's mind, such as a Disease of the mind cerebral tumour or epilepsy a defect in the defendant's reasoning ability, such as a lack Defect of reason of understanding of the nature and quality of the act Did not know the nature the defendant did not understand what they were doing and quality of the act Did not know the act was the defendant did not understand that their actions were wrong wrong Automatism Automatism is a defence that applies when the defendant is not in control of their actions. It can be caused by an external factor, such as a reflex action or muscle spasm. Type Definition Involuntary conduct the defendant is not in control of their actions the defendant has lost control of their actions due to an Loss of voluntary control external factor Reflex action or muscle the defendant's actions are caused by a reflex or muscle spasm spasm Intoxication Intoxication can be used as a defence in certain circumstances. There are two types of intoxication: Involuntary intoxication: the defendant did not choose to become intoxicated Voluntary intoxication: the defendant chose to become intoxicated Page 3  Created by Turbolearn AI Type Definition the defendant did not choose to become Involuntary intoxication intoxicated, such as being spiked with a drug the defendant chose to become Voluntary intoxication intoxicated, such as drinking alcohol Intoxication is a state where an individual's mental and physical abilities are impaired due to the consumption of substances such as alcohol or drugs. In the context of criminal law, voluntary intoxication refers to the intentional consumption of such substances, whereas involuntary intoxication occurs when an individual is unknowingly or forcefully administered a substance. Rule in DPP v Majewski The rule in DPP v Majewski AC 443 states that an individual who has voluntarily consumed a substance to the point of intoxication can still be held criminally liable for their actions. This rule has been subject to criticisms, including the violation of the Latin maxim actus non facit reum nisi mens sit rea, which translates to "an act does not make a man guilty of a crime unless his mind be also guilty". Criticisms of DPP v Majewski Some of the criticisms of the rule in DPP v Majewski include: Reliance on policy rather than principle Failure to consider the complexities of human behavior under the influence of substances Potential for unfair outcomes, as individuals may not be fully aware of their actions while intoxicated Page 4  Created by Turbolearn AI Alternative Approaches Alternative approaches to the rule in DPP v Majewski have been proposed, including the consideration of diminished responsibility and loss of control. These approaches aim to provide a more nuanced understanding of the relationship between intoxication and criminal liability. Defences Intoxication can be relevant to various defences, including: Mistake: where an individual's intoxication leads to a mistaken belief about the circumstances of their actions Self-defence: where an individual's intoxication affects their ability to form a reasonable belief about the need for self-defence Duress: where an individual's intoxication affects their ability to resist pressure or coercion from others Omissions An omission refers to a failure to act in a situation where there is a duty to do so. In criminal law, omissions can be just as significant as positive acts, and can lead to criminal liability in certain circumstances. General Rule The general rule is that there is no duty of easy rescue, as expressed by the phrase "there is no duty to save a person in distress unless there is a special relationship between the parties". This means that an individual is not typically required to take action to prevent harm to another person, unless there is a specific relationship or duty that requires them to do so. Exceptions There are several exceptions to the general rule, including: Page 5  Created by Turbolearn AI Special relationships: such as parent-child or doctor-patient relationships, where there is a duty to act in the best interests of the other person Voluntary assumption of responsibility: where an individual takes on a duty to care for another person, either explicitly or implicitly Duty to avert danger: where an individual has created a danger or risk, and has a duty to take action to prevent harm to others Duty to Act The duty to act can arise from various sources, including: Source Description Contractual duty a duty arising from a contract or agreement Public duty a duty arising from a public office or position Statutory duty a duty arising from a specific statute or regulation Actus Reus The actus reus of an offence refers to the guilty act or omission that constitutes the offence. It is a fundamental element of criminal liability, and must be proven beyond a reasonable doubt in order to secure a conviction. Elements of Actus Reus The elements of actus reus can be broken down into three categories: Conduct: the physical act or omission that constitutes the offence Consequences: the result or outcome of the conduct Circumstances: the surrounding factors or conditions that affect the offence The actus reus of an offence is not just a simple act, but rather a complex set of elements that must be proven in order to establish criminal liability. Voluntariness Requirement Page 6  Created by Turbolearn AI The voluntariness requirement states that the actus reus of an offence must be voluntarily performed. If the conduct is involuntary, then no criminal offence has been committed. Sexual Offences Sexual offences are a category of crimes that involve non-consensual or coercive sexual activity. The Sexual Offences Act 2003 provides a framework for understanding and prosecuting these offences. Rape Rape is a serious sexual offence that involves non-consensual sexual intercourse. The actus reus of rape includes the absence of consent, and the mens rea requires an intention to commit the offence. Consent Consent is a critical element of sexual offences, and refers to the voluntary and informed agreement to engage in sexual activity. The absence of consent can render an otherwise lawful act into a criminal offence. Auld Report The Auld Report was a comprehensive review of the criminal justice system, and made recommendations for improving the treatment of victims and witnesses, ensuring fair and efficient trials, and increasing protections for vulnerable individuals involved in these cases.## Introduction to Sexual Offences The Sexual Offences Act 2003 is a key piece of legislation that outlines the various types of sexual offences. Elements of Rape To commit rape, the following elements must be present: Page 7  Created by Turbolearn AI Actus reus: Penile penetration of the vagina, anus, or mouth of another person Mens rea: Intention to penetrate, and no reasonable belief in consent The definition of consent is crucial in determining whether a person has committed rape. Consent is defined in s.74 of the Sexual Offences Act 2003 as agreeing by choice, and having the freedom and capacity to make that choice. Types of Sexual Offences The following table outlines the different types of sexual offences: Offence Actus Reus Mens Rea Penile penetration of the Intention to penetrate, and no Rape vagina, anus, or mouth reasonable belief in consent Penetration of the vagina Intention to penetrate, and no Assault by Penetration or anus with a part of the reasonable belief in consent body or an object Touching of another Intention to touch, and no Sexual Assault person without consent reasonable belief in consent Intentionally Causing a Causing a person to Intention to cause a person to Person to Engage in engage in a sexual activity engage in a sexual activity, and Sexual Activity without consent no reasonable belief in consent Conclusive and Evidential Presumptions The Sexual Offences Act 2003 also outlines conclusive presumptions and evidential presumptions in relation to consent. Conclusive presumptions (s.76) apply in certain circumstances, such as deception or impersonation. Evidential presumptions (s.75) apply in circumstances such as violence, fear of violence, or unlawful detention. Sexual Offences Against Children Page 8  Created by Turbolearn AI The Sexual Offences Act 2003 also covers sexual offences against children under 13. Rape of a child under 13 (s.5) involves penile penetration of a child under 13. Assault of a child under 13 by penetration (s.6) involves penetration of a child under 13 with a part of the body or an object. Sexual assault of a child under 13 (s.7) involves touching of a child under 13 without consent. Non-Fatal Offences Against the Person Non-fatal offences against the person can be categorized into several types, including: Assault (common law) Battery (common law) Assault occasioning actual bodily harm (s.47, OAPA 1861) Unlawful wounding (s.20, OAPA 1861) Grievous bodily harm (s.18, OAPA 1861) The following table outlines the hierarchy of non-fatal offences against the person: Offence Actus Reus Mens Rea Apprehension of immediate and Intention or Assault unlawful force recklessness Intention or Battery Application of unlawful force recklessness Assault occasioning actual Assault or battery that occasions Intention or bodily harm actual bodily harm recklessness Unlawful wounding of another Unlawful wounding Malicious intent person Unlawful infliction of grievous Grievous bodily harm Malicious intent bodily harm Definition of Assault An assault is an act that causes another person to apprehend immediate and unlawful force. Page 9  Created by Turbolearn AI Definition of Battery A battery is the application of unlawful force to another person. Assault Occasioning Actual Bodily Harm Assault occasioning actual bodily harm (s.47, OAPA 1861) involves an assault or battery that occasions actual bodily harm. The actus reus of this offence is the assault or battery, and the mens rea is the intention or recklessness to cause harm.## Non-Fatal Offences Against the Person The Offences Against the Person Act 1861 is a key piece of legislation that deals with various non-fatal offences against the person. Section 20: Unlawful and Malicious Wounding or Infliction of Grievous Bodily Harm A person is guilty of an offence under Section 20 if they unlawfully and maliciously wound or inflict grievous bodily harm upon another person. The actus reus of this offence is the wounding or infliction of grievous bodily harm, while the mens rea is the intention to cause some grievous bodily harm. Some key cases that relate to this offence include: Moriarty v Brookes (1834) Wood; McMahon (1830) Loughlin C (a minor) v Eisenhower Smith (1837) Waltham (1849) Section 18: Unlawful and Malicious Wounding or Infliction of Grievous Bodily Harm with Intent A person is guilty of an offence under Section 18 if they unlawfully and maliciously wound or cause grievous bodily harm to any person with intent to do some grievous bodily harm. Page 10  Created by Turbolearn AI The actus reus of this offence is the wounding or infliction of grievous bodily harm, while the mens rea is the intention to cause grievous bodily harm. Some key cases that relate to this offence include: Ireland; Burstow (1998) Belfon Nedrick (1986) Woollin (1999) Administering a Noxious Thing The Offences Against the Person Act 1861 also deals with the administration of noxious things. Section Description Section Unlawfully and maliciously administering or causing to be administered to 23 any person any poison or other destructive or noxious thing Unlawfully and maliciously administering or causing to be administered to Section any person any poison or other destructive or noxious thing with intent to 24 injure, aggrieve, or annoy Some key cases that relate to this offence include: Gillard (1988) Lamb (1967) Kennedy (No. 2) Cato Consent Consent is a key concept in non-fatal offences against the person. Consent is the agreement or permission given by a person to another person to engage in a particular activity. There are some exceptions to the general rule that consent is a defence to non-fatal offences against the person, including: Page 11  Created by Turbolearn AI Sports Rough horseplay Sexual gratification Some key cases that relate to consent include: Collins v Wilcock (1984) Attorney General's Reference (No. 6 of 1980) Brown and others Theft and Robbery Theft and robbery are two related offences that are dealt with under the Theft Act 1968. Offence Description Dishonestly appropriating property belonging to another with the intention Theft of permanently depriving the other of it Robbery Stealing from a person and using or threatening to use force to do so Some key cases that relate to theft and robbery include: DPP v Gomez Hinks Morris Corcoran v Anderton (1980) Burglary Burglary is an offence that involves entering a building or part of a building as a trespasser with the intention of committing an offence. Section Description Section Entering a building or part of a building as a trespasser with the 9(1)(a) intention of committing an offence Section Entering a building or part of a building as a trespasser with the 9(1)(b) intention of committing an offence, where the building is a dwelling Some key cases that relate to burglary include: Page 12  Created by Turbolearn AI Collins Brown Ryan Blackmail Blackmail is an offence that involves making an unwarranted demand with menaces. A person is guilty of blackmail if they make an unwarranted demand with menaces with the intention of gaining something or causing loss to another person. Some key cases that relate to blackmail include: Collister and Warhurst Treacy v DPP R v Pogmore Handling Stolen Goods Handling stolen goods is an offence that involves dishonestly receiving stolen goods or dishonestly undertaking or assisting in their retention, removal, disposal or realization. A person is guilty of handling stolen goods if they dishonestly receive stolen goods or dishonestly undertake or assist in their retention, removal, disposal or realization. Some key cases that relate to handling stolen goods include: Pitham and Hehl (1976) Atakpu Ivey v Genting Casinos (UK) Ltd Fraud Fraud is an offence that involves dishonestly making a false representation with the intention of gaining something or causing loss to another person. Page 13  Created by Turbolearn AI Type of Fraud Description Dishonestly making a false representation with the Fraud by False intention of gaining something or causing loss to another Representation person Dishonestly failing to disclose information with the Fraud by Failing to intention of gaining something or causing loss to another Disclose Information person Fraud by Abuse of Dishonestly abusing a position of trust with the intention Position of gaining something or causing loss to another person Some key cases that relate to fraud include: Ivey v Genting Casinos Barton Gilbert Mens Rea for Fraud The mens rea for fraud is the intention to gain something or cause loss to another person. A person is guilty of fraud if they dishonestly make a false representation with the intention of gaining something or causing loss to another person. Some key cases that relate to the mens rea for fraud include: Ivey v Genting Casinos Barton Gilbert ## Criminal Damage Criminal damage is an offence under the Criminal Damage Act 1971. The actus reus elements of this offence include: Property belonging to another Destruction or damage to property without lawful excuse The mens rea elements include: Intention to destroy or damage property Recklessness as to whether or not property is destroyed or damaged Definition of Property Page 14  Created by Turbolearn AI Property, as defined in Section 10(1) of the Criminal Damage Act 1971, refers to property that may be damaged and belongs to another. Without Lawful Excuse The concept of without lawful excuse is crucial in criminal damage cases. Relevant cases include: Denton Jaggard v Dickinson Hunt Hill; Hall Aggravated Criminal Damage Aggravated criminal damage is an offence under Section 1(2) of the Criminal Damage Act 1971. The actus reus and mens rea elements of this offence are: Element Description Actus Destruction or damage to property with intent to endanger life or Reus recklessness as to whether life is endangered Mens Rea Intention to endanger life or recklessness as to whether life is endangered Threats to Destroy or Damage Property Threats to destroy or damage property are an offence under Section 2 of the Criminal Damage Act 1971. Relevant cases include: Cakmak Ankerson Possession of Articles Possession of articles is an offence under Section 3 of the Criminal Damage Act 1971. Relevant cases include: Buckingham Racially or Religiously Aggravated Criminal Damage Page 15  Created by Turbolearn AI Racially or religiously aggravated criminal damage is an offence under Section 30 of the Crime and Disorder Act 1998. Drugs and Offences The Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016 are key legislation in this area. Possession of Controlled Drugs Possession of controlled drugs is an offence under Section 5(2) of the Misuse of Drugs Act 1971. Possession refers to having control over a substance, with knowledge of its presence and nature. Possession with Intent to Supply Possession with intent to supply is an offence under Section 5(3) of the Misuse of Drugs Act 1971. Intent to supply refers to the intention to transfer or sell a controlled substance to another person. Production and Supply of Controlled Drugs Production and supply of controlled drugs are offences under Sections 4(2) and 4(3) of the Misuse of Drugs Act 1971. Element Description Production Manufacturing or cultivating a controlled substance Supply Transferring or selling a controlled substance to another person Occupier Permitting Drug-Related Activities on Premises Occupier permitting drug-related activities on premises is an offence under Section 8 of the Misuse of Drugs Act 1971. Page 16  Created by Turbolearn AI An occupier is someone who has control over a premises, and permitting drug-related activities refers to allowing or facilitating the use or supply of controlled substances on those premises. Psychoactive Substances Act 2016 The Psychoactive Substances Act 2016 came into force in May 2016 and prohibits the supply of psychoactive substances. Section Description Section Prohibition on supply of psychoactive substances 4 Section Prohibition on possession of psychoactive substances with intent to supply 5 Section Prohibition on production of psychoactive substances 7 Section Prohibition on occupier permitting psychoactive substance-related activities 8 on premises Criminal Law Criminal law is a branch of public law that affects society at large. Criminal law refers to the body of law that regulates the conduct of individuals and organizations, with the aim of protecting persons and their property from unwanted interference. Functions of Criminal Law The functions of criminal law include: Facilitating orderly change Maximising individual freedom Facilitating planning Promoting social justice Keeping the peace Providing a basis for compromise Maintaining the status quo Shaping moral standards Page 17  Created by Turbolearn AI Qualities of the Law The qualities of the law include: Fairness Flexibility Responsiveness to cultural, technological, economic, and social changes Common Law System The common law system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced. The common law system refers to the body of law that is based on judicial decisions and customs, rather than on statutes or codes. Criminalisation Criminalisation refers to the process of making certain behaviour or activities illegal. Criminalisation is the process by which certain conduct is prohibited and punishable by law, and is often used to protect society from harm or to promote social justice. Harm Principle The harm principle states that the only purpose for which power can be rightfully exercised over any member of a civilized community, against their will, is to prevent harm to others. The harm principle was espoused by John Stuart Mill in his book, On Liberty, and is a fundamental principle of criminal law. Enforcing Morality Enforcing morality refers to the use of law to regulate conduct that is deemed morally wrong, even if it does not cause harm to others. Page 18  Created by Turbolearn AI Enforcing morality is a controversial aspect of criminal law, as it raises questions about the role of the state in regulating individual behaviour and the limits of state power. Distinguishing Criminal Law Criminal law can be distinguished from other areas of law, such as the law of tort and contract law, in that it affects society at large and is a branch of public law. Area of Description Law Criminal A branch of public law that affects society at large and regulates conduct Law that is prohibited and punishable by law Law of A branch of private law that regulates civil wrongs and provides Tort remedies for individuals who have been harmed Contract A branch of private law that regulates agreements between individuals Law and organizations Sources of Criminal Law The sources of criminal law include: Statutes Common law Classification of Offences The classification of offences refers to the categorization of crimes into different types, such as felonies and misdemeanours. The classification of offences is important, as it determines the level of punishment and the procedures that apply to each type of crime. Criminal Justice Process The criminal justice process refers to the procedures and institutions that are involved in the investigation, prosecution, and punishment of crimes. Page 19  Created by Turbolearn AI The criminal justice process includes the police, the courts, and the correctional system, and is designed to ensure that justice is served and that the rights of individuals are protected. Trial A trial is a hearing in which the evidence against an accused person is presented and the accused person has the opportunity to defend themselves. A trial is a crucial part of the criminal justice process, as it provides a forum for the accused person to challenge the evidence against them and to present their own evidence. Right to a Trial by Jury The right to a trial by jury is a fundamental principle of criminal law, and is guaranteed by the Magna Carta. The right to a trial by jury ensures that the accused person has the opportunity to have their case heard by a panel of impartial citizens, rather than by a single judge. Hierarchy of the Criminal Courts The hierarchy of the criminal courts refers to the different levels of courts that are involved in the criminal justice process. Court Description Magistrates' A court that hears minor cases and has limited powers Court Crown Court A court that hears more serious cases and has greater powers Court of Appeal A court that hears appeals from the Crown Court The highest court in the land, which hears appeals from the Court Supreme Court of Appeal Burden of Proof The burden of proof refers to the obligation on the prosecution to prove the guilt of the accused person beyond a reasonable doubt. Page 20  Created by Turbolearn AI The burden of proof is a fundamental principle of criminal law, as it ensures that the accused person is not wrongly convicted. Standard of Proof The standard of proof refers to the level of evidence that is required to prove the guilt of the accused person. The standard of proof is typically "beyond a reasonable doubt", which means that the prosecution must prove the guilt of the accused person to a very high degree of certainty. Evidential Burden The evidential burden refers to the obligation on the prosecution to present some evidence in support of their case. The evidential burden is a lower standard than the burden of proof, and requires the prosecution to present some evidence, but not necessarily to prove the guilt of the accused person beyond a reasonable doubt. Elements of a Criminal Offence The elements of a criminal offence refer to the different components that must be present in order for a crime to be committed. The elements of a criminal offence typically include the actus reus (the guilty act) and the mens rea## Self-Defence and the Prevention of Crime The legal concept of self-defence is a defence to a criminal charge, which allows an individual to use reasonable force to protect themselves or others from harm. The Criminal Justice and Immigration Act 2008 provides the framework for self-defence in the UK. Elements of Self-Defence To establish self-defence, the following elements must be met: Page 21  Created by Turbolearn AI The defendant must have believed that force was necessary to defend themselves or others The defendant must have used reasonable force in the circumstances The force used must have been proportionate to the threat posed The Palmer v R test is used to determine whether the force used was reasonable. This test considers whether the defendant genuinely believed that force was necessary and whether the force used was proportionate to the threat. Mistaken Belief in Self-Defence A mistaken belief in self-defence can be a valid defence, as long as the defendant genuinely believed that force was necessary. However, if the mistake was unreasonable, the defence may not be available. A mistaken belief in self-defence occurs when an individual uses force in the belief that they are acting in self-defence, but this belief is later found to be mistaken. Reasonable Force The amount of force used must be reasonable in the circumstances. This means that the force used must be proportionate to the threat posed. The following factors are considered when determining whether the force used was reasonable: The nature of the threat The level of force used The circumstances in which the force was used Householder Cases In householder cases, the defendant is entitled to use greater force to defend their home and family. The Criminal Justice and Immigration Act 2008 provides that a householder is entitled to use reasonable force to defend their home and family, even if this means using force that would otherwise be considered disproportionate. Page 22  Created by Turbolearn AI Pre-Emptive Strikes A pre-emptive strike is a defensive action taken before an attack has occurred. In self-defence cases, a pre-emptive strike can be justified if the defendant genuinely believes that an attack is imminent. Duress Duress is a defence to a criminal charge, which allows an individual to argue that they were forced to commit a crime due to a threat of harm or death. Duress Test The duress test is used to determine whether the defendant was acting under duress. This test considers the following factors: Whether the defendant was subject to a threat of harm or death Whether the threat was directed towards the defendant or someone else Whether the defendant had a reasonable fear of harm or death The following table outlines the key elements of the duress test: Element Description Threat of harm or The defendant must have been subject to a threat of harm or death death The threat must have been directed towards the defendant or Direction of threat someone else The defendant must have had a reasonable fear of harm or Reasonable fear death Duress of Circumstances Duress of circumstances is a type of duress that occurs when an individual is forced to commit a crime due to circumstances beyond their control. Necessity Page 23  Created by Turbolearn AI Necessity is a defence to a criminal charge, which allows an individual to argue that they committed a crime in order to prevent a greater harm. Necessity Test The necessity test is used to determine whether the defendant was acting out of necessity. This test considers the following factors: Whether the defendant was faced with a situation of imminent harm or danger Whether the defendant had no alternative but to commit the crime Whether the harm caused by the crime was less than the harm that would have been caused if the crime had not been committed Causation Causation is the process of determining whether the defendant's actions caused the harm or damage that occurred. Factual Causation Factual causation is the initial stage of causation, which involves determining whether the defendant's actions were a factual cause of the harm or damage. The but for test is used to determine factual causation. This test considers whether the harm or damage would have occurred but for the defendant's actions. Legal Causation Legal causation is the second stage of causation, which involves determining whether the defendant's actions were a legal cause of the harm or damage. The following factors are considered when determining legal causation: Whether the defendant's actions were a more than minimal cause of the harm or damage Whether the defendant's actions were an operating and substantial cause of the harm or damage The following table outlines the key elements of legal causation: Page 24  Created by Turbolearn AI Element Description More than minimal The defendant's actions must have been more than a minimal cause cause of the harm or damage Operating and The defendant's actions must have been an operating and substantial cause substantial cause of the harm or damage Novus Actus Interveniens Novus actus interveniens is a Latin phrase that means "a new intervening act". This occurs when a new event or action breaks the chain of causation between the defendant's actions and the harm or damage that occurred. The following are examples of novus actus interveniens: A natural event, such as a storm or earthquake A third party intervention, such as a medical treatment or rescue effort A victim's own actions, such as a decision to ignore medical advice or take a risk State of Affairs Crimes State of affairs crimes are crimes that involve a state of affairs or a situation, rather than a specific action or event. Examples of state of affairs crimes include: Possession of a controlled substance Occupation of a premises without permission Failure to comply with a court order or regulation The following table outlines the key elements of state of affairs crimes: Page 25  Created by Turbolearn AI Element Description The crime involves a state of State of affairs affairs or situation, rather than a specific action or event The defendant must have Possession possession or control of the substance or item The defendant must have Occupation occupied or been in control of the premises The defendant must have Failure to comply failed to comply with a court order or regulation Homicide refers to the unlawful killing of a human being. In law, there are three main types of homicide: Murder, Voluntary Manslaughter, and Involuntary Manslaughter. Murder Murder is defined as: The unlawful killing of a reasonable person in being and under the King's Peace, with malice aforethought, express or implied. The actus reus of murder is the unlawful killing of a human being, while the mens rea is malice aforethought. According to Sir Edward Coke's definition, malice aforethought means an intention to kill or cause Grievous Bodily Harm (GBH). Voluntary Manslaughter Voluntary manslaughter is a type of homicide that is characterized by: An intentional killing A lack of malice aforethought A partial defense to murder The Coroners and Justice Act 2009 amended the Homicide Act 1957 to include two partial defenses to murder: Loss of Self-Control and Diminished Responsibility. Page 26  Created by Turbolearn AI Involuntary Manslaughter Involuntary manslaughter is a type of homicide that is characterized by: An unintentional killing A breach of duty Gross negligence or subjective recklessness There are two types of involuntary manslaughter: Unlawful Act Manslaughter and Gross Negligence Manslaughter. Loss of Self-Control Loss of self-control is a partial defense to murder that is defined in Section 54 of the Coroners and Justice Act 2009. The elements of loss of self-control are: A qualifying trigger (fear, anger, or sexual infidelity) A sudden and temporary loss of self-control A reasonable person would have reacted in the same way The following table summarizes the qualifying triggers for loss of self-control: Qualifying Trigger Description Fear A fear of serious violence or death Anger A sudden and temporary loss of self-control due to anger Sexual Infidelity A discovery of sexual infidelity Diminished Responsibility Diminished responsibility is a partial defense to murder that is defined in Section 2 of the Homicide Act 1957. The elements of diminished responsibility are: An abnormality of mental functioning A substantial impairment of the defendant's ability to understand the nature or quality of their actions The abnormality of mental functioning was a significant contributory factor to the defendant's actions The following table summarizes the elements of diminished responsibility: Page 27  Created by Turbolearn AI Element Description Abnormality of Mental A significant abnormality of mental functioning Functioning A substantial impairment of the defendant's ability to Substantial Impairment understand the nature or quality of their actions Significant Contributory The abnormality of mental functioning was a significant Factor contributory factor to the defendant's actions Infanticide Infanticide is a type of homicide that is defined in Section 1 of the Infanticide Act 1938. The elements of infanticide are: A woman causes the death of her child The child is under 12 months old The balance of the woman's mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child The following table summarizes the elements of infanticide: Element Description A woman causes the death of her Cause of Death child Age of Child The child is under 12 months old The balance of the woman's mind was disturbed by reason of her not Disturbance of Mind having fully recovered from the effect of giving birth to the child Involuntary manslaughter is a type of manslaughter that can be further divided into two categories: unlawful act manslaughter and gross negligence manslaughter. Unlawful Act Manslaughter Unlawful act manslaughter occurs when a defendant does an act that is a crime, and that act is dangerous and causes the victim to die. The definitional elements of unlawful act manslaughter are: Page 28  Created by Turbolearn AI Intentional act: the defendant must have intentionally done the act Unlawful act: the act must be a crime Dangerous act: the act must be dangerous Causation: the act must cause the victim's death The following cases illustrate the concept of unlawful act manslaughter: R v Newbury and Jones Lowe Lamb Larking M Church JF and NE Dawson Watson Gross Negligence Manslaughter Gross negligence manslaughter occurs when a defendant owes a duty of care to the victim, breaches that duty, and the breach causes the victim's death. The elements of gross negligence manslaughter are: Duty of care: the defendant must owe a duty of care to the victim Breach of duty: the defendant must breach that duty Causation: the breach must cause the victim's death Gross negligence: the breach must be grossly negligent Obvious risk of death: the breach must involve an obvious risk of death The following cases illustrate the concept of gross negligence manslaughter: Attorney General's Reference (No.2 of 1999) R v Rose R v Adomoko Corporate Manslaughter Corporate manslaughter is a type of manslaughter that applies to companies and other organizations. The Corporate Manslaughter and Corporate Homicide Act 2007 sets out the elements of corporate manslaughter, which include: Page 29  Created by Turbolearn AI Duty of care: the company must owe a duty of care to the victim Breach of duty: the company must breach that duty Causation: the breach must cause the victim's death Gross breach: the breach must be gross The following cases illustrate the concept of corporate manslaughter: R v Cotswold Geotechnical Holdings Ltd R v Lion Steel Equipment Ltd R v Peter Mawson Limited R v Sherwood Rise Ltd R v Koseogul Metalworks Ltd R v Ozdil Investments Ltd Mens Rea Mens rea is a Latin term that means "guilty mind". It refers to the state of mind of the person committing a crime. The required mens rea varies depending on the offence, but there are two main states of mind that can constitute the necessary mens rea of a criminal offence: intention and recklessness. A person's mens rea is their mental state or attitude at the time of the crime. It is an essential element of a criminal offence, and the prosecution must prove that the defendant had the required mens rea in order to secure a conviction. Intention Intention is the most culpable form of mens rea, as it involves acting with the objective of bringing about a consequence or with the desire to bring about that consequence and foresight that those actions are virtually certain to do so. There are two types of intention: direct intention and oblique intention. Direct intention: a person's aim or purpose Oblique intention: a consequence that is virtually certain to occur, but is not the person's aim or purpose The following cases illustrate the concept of intention: Page 30  Created by Turbolearn AI Steane Moloney Woollin Recklessness Recklessness is a type of mens rea that involves taking an unjustified risk. There are two types of recklessness: subjective recklessness and objective recklessness. Subjective recklessness: a person is aware of the risk, but chooses to take it anyway Objective recklessness: a reasonable person would have been aware of the risk, but the defendant was not The following cases illustrate the concept of recklessness: Cunningham Caldwell Coincidence of Actus Reus and Mens Rea The principle of coincidence requires that the actus reus and mens rea coincide in time in order for a defendant to be guilty of a criminal offence. This means that the defendant must form the mens rea for the requisite offence at some point during the actus reus of the offence. The following cases illustrate the concept of coincidence: Fagan v Metropolitan Police Commissioner Kaitamaki R v Miller Thabo Meli v R R v Church Le Brun Theft Theft is a type of criminal offence that involves the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it. The elements of theft are: Page 31  Created by Turbolearn AI Appropriation: the defendant must appropriate the property Property: the property must belong to another Dishonesty: the defendant must act dishonestly Intention to permanently deprive: the defendant must intend to permanently deprive the other of the property The following table summarizes the elements of theft: Element Description Appropriation The defendant must appropriate the property Property The property must belong to another Dishonesty The defendant must act dishonestly Intention to permanently The defendant must intend to permanently deprive the deprive other of the property The following cases illustrate the concept of theft: Lawrence v Metropolitan Police Commissioner R v Morris R v Gomez ## Theft Act 1968 The Theft Act 1968 is a crucial piece of legislation that outlines the elements of theft. The actus reus of theft consists of appropriation, which is defined in section 3(1) of the Act. Appropriation is the act of taking possession of property that belongs to another person, with the intention of permanently depriving the owner of it. The appropriation can be a continuing act, as seen in the case of Atakpu. The Act also states that consent is a crucial factor in determining whether an appropriation has taken place. Property The concept of property is defined in section 4(1) of the Theft Act 1968. The definition is very wide and includes: Goods Money Securities Things in action Page 32  Created by Turbolearn AI However, there are some exceptions to this definition, including: Confidential information Electricity Corpses and body parts Services The following table summarizes the exceptions to the definition of property: Exception Description Confidential information Information that is not publicly available Electricity A form of energy that is not considered property Corpses and body parts Human remains and body parts are not considered property Services Intangible services are not considered property Belonging to Another The concept of belonging to another is defined in section 5(1) of the Theft Act 1968. This section states that property can belong to another person in various ways, including: Equitable interest: A person has an equitable interest in property if they have a right to the property that is not necessarily based on legal ownership. Property held on trust: Property that is held on trust for the benefit of another person. Property received for a particular purpose: Property that is received for a specific purpose, such as a gift or a loan. The following table summarizes the ways in which property can belong to another person: Way of belonging Description A right to property based on equity rather than Equitable interest law Property held on trust Property held for the benefit of another person Property received for a particular Property received for a specific purpose, such as a purpose gift or a loan Mens Rea Elements Page 33  Created by Turbolearn AI The mens rea elements of theft include: Dishonesty: The intention to act dishonestly, as defined in section 2(1) of the Theft Act 1968. Intention to permanently deprive: The intention to permanently deprive the owner of the property, as defined in section 6(1) of the Act. The following table summarizes the mens rea elements of theft: Element Description Dishonesty The intention to act dishonestly Intention to permanently The intention to permanently deprive the owner of the deprive property Strict Liability Strict liability is a concept in which a person can be held criminally liable for an offence without proof of mens rea. The Gammon (Hong Kong) Ltd v Attorney General of Hong Kong case established guidelines for identifying strict liability offences. The following table summarizes the guidelines for identifying strict liability offences: Guideline Description The offence is regulatory rather The offence is intended to regulate behavior than truly criminal rather than punish wrongdoing The offence is intended to protect The offence is intended to protect the public from the public harm The offence is easier to prove The offence is easier to prove without requiring without mens rea proof of mens rea Inchoate Offences Inchoate offences are offences that are committed in preparation for a substantive offence. There are three types of inchoate offences: Conspiracy: An agreement between two or more people to commit an offence. Attempt: An attempt to commit an offence. Encouraging or assisting: Encouraging or assisting another person to commit an offence. Page 34  Created by Turbolearn AI The following table summarizes the types of inchoate offences: Type Description An agreement between two or more people to commit an Conspiracy offence Attempt An attempt to commit an offence Encouraging or Encouraging or assisting another person to commit an assisting offence Encouraging or Assisting Encouraging or assisting is an inchoate offence that involves encouraging or assisting another person to commit an offence. The Serious Crime Act 2007 outlines the elements of this offence, including: Intention to encourage or assist: The intention to encourage or assist another person to commit an offence. Belief that the offence will be committed: The belief that the offence will be committed. The following table summarizes the elements of the encouraging or assisting offence: Element Description The intention to encourage or assist Intention to encourage or assist another person to commit an offence The belief that the Belief that the offence will be committed offence will be committed The Serious Crime Act 2007 introduced the offence of encouraging or assisting an offence. This offence is committed when a person encourages or assists another person to commit an offence, believing that one or more offences will be committed. Definition of Encouraging or Assisting Page 35  Created by Turbolearn AI An act of encouragement or assistance is an act that is intended to encourage or assist another person to commit an offence. The Sadique and Hussain and Sadique (Omar) cases are examples of encouraging or assisting an offence. Defences There are two main defences to the offence of encouraging or assisting an offence: Defence of Acting Reasonably: This defence is found in s.50 (1) of the Serious Crime Act 2007. Defence of Protection of the Victim: This defence is found in s.51 of the Serious Crime Act 2007. Conspiracy The Criminal Law Act 1977 defines conspiracy as an agreement between two or more people to carry out a criminal act. Actus Reus Elements The actus reus elements of conspiracy can be found in Section 1(1)(a) of the Criminal Law Act 1977. These elements include: The agreement The intention to carry out the agreement Mens Rea Elements The mens rea elements of conspiracy are: 1. Intention to enter into the agreement 2. Intention that the agreement be carried out and the substantive offence be committed 3. Intention or knowledge of the facts or circumstances which constitute the actus reus of the offence Page 36  Created by Turbolearn AI Limitations There are limitations on who can conspire, as seen in the cases of Mawji (1957) and Robinson (1746). Attempts The Criminal Attempts Act 1981 defines an attempt as an act that is more than mere preparation to commit an offence. Actus Reus The actus reus of an attempt is an act that is more than mere preparation to commit an offence. Mens Rea The mens rea of an attempt is the intention to commit the offence. Accessorial Liability Accessorial liability refers to the liability of a person who assists or encourages another person to commit an offence. Definition of an Accessory An accessory is a person who assists or encourages another person to commit an offence. Types of Accessories There are several types of accessories, including: Page 37  Created by Turbolearn AI Aiding: assisting the principal offender Abetting: encouraging the principal offender Counselling: advising the principal offender Procuring: causing the principal offender to commit the offence Mens Rea of an Accessory The mens rea of an accessory is: 1. Intention to do acts of assistance or encouragement 2. Knowledge of the matters which constitute the offence Impossibility Impossibility is a defence to the offences of conspiracy and attempt. Definition of Impossibility Impossibility refers to a situation where it is not possible to commit the offence. Withdrawal from Participation A person can withdraw from participation in an offence by: Withdrawing before the offence begins Withdrawing during the offence The following table summarizes the key points of withdrawal from participation: Type of Withdrawal Description Withdrawal before the offence Withdrawing before the offence is committed begins Withdrawing during the commission of the Withdrawal during the offence offence Overlap with the Serious Crime Act 2007 Page 38  Created by Turbolearn AI The Serious Crime Act 2007 introduced three offences of encouraging or assisting crime, which overlap with the offence of accessorial liability. The following table summarizes the key points of the overlap: Offence Description Encouraging or assisting an Encouraging or assisting another person to commit offence an offence Assisting or encouraging another person to commit Accessorial liability an offence window.MathJax = { tex: { inlineMath: [['$', '$'], ['\\(', '\\)']], displayMath: [['$$', '$$'], ['\\[', '\\]']] } }; Page 39