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14 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is included in Actus reus |
The external elements of an offence. This includes any Actus reus requirement that is external from the mind of D Includes D's acts or omissions and surrounding circumstances in theft and criminal damage Required results of the offence ie death in homicide Linked elements Conduct- kick Circumstances- without their consent Result- Making contact with V |
External CC |
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Formula |
Actus Reus + Mens rea + No defence |
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Subdivided categories |
Conduct- D's physical acts or omissions required for liability Circumstances- Facts surrounding D's conduct required for liability Results- The effects of D's acts required for liability Example criminal damage: Conduct- Completed certain acts or omissions Result- Cause damage Circumstances- Belonging to another |
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Conduct element |
D's physical acts or omissions required for liability Physical movement of D's body External movement (or lack of movement) of D's body What did D do or fail to do in breach of duty? |
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Absence of conduct Types of potential offences: |
Omissions liability Possession offences State of affairs offences |
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Omissions Liability |
An omission to act E. G. Someone fails some requirement to register or file documents with the state Where a motorist fails to report an accident Specimen of breath Liability based on omission there must be: Recognised offence- capable of being committed by commission Duty to act- requiring D to act in a certain manner Breach of Duty- fall below the standard expected in the performance of duty |
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Possession offences |
Possession of certain dangerous material such as offensive weapons or offensive material Possession can be reconciled with the language of acts or omissions D may have acted to gain possession |
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State of affairs offences |
Situational offences Membership of a certain political party Ie s11 Terrorism Act 2000 to be a member of a Terrorist organisation Or "being found" in a particular situation Winzar |
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Winzar V Chief Constable of Kent (1983) |
D was taken to hospital on a stretcher but was found to be too drunk and told to leave Police took D to their cat on the highway outside the hospital and then charged him with being "found drunk" on the highway |
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Circumstance element |
Surrounding facts that must exist for liability External circumstances that are not performed by D and not caused by D's action Not all surrounding circumstances are part of the offence Look at the definition of the offence and identify which circumstances specified within an offence are required to be proved to exist at the time of D's potentially criminal act Murder- conduct must cause the death of a person |
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Result element |
Things caused by D's acts required for liability Only concerned with result element of the offence The requirement that the result must be causally connected to the conduct of D Causation in fact- logical connection in fact. Therefore if the result would have come about in the same manner regardless of D's conduct, there is no factual causation Causation in Law- that the chain of causation is not broken. There are no legal principles with substantial affect Essential causal link between conduct and result element |
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Categories of Offences |
Conduct crimes Do not include the result element E.g. Perjury Crime committed when D commits a certain conduct in certain proscribed circumstances No result = no rules of causation D's conduct does not need to cause anything to satisfy the requirements of the offence Result crimes Murder criminal damage When D performs conduct in certain proscribed circumstances with that action causing a certain proscribed result Common for result crimes to specify certain circumstances and results but to leave the conduct element unspecified |
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Omissions liability |
D's offence must be capable of commission by omission D must have a legally recognised duty to act D must have unreasonably failed to act on that duty As long as the other offence elements are also satisfied D will be liable for the offence |
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Offences capable of commission by omission |
Homicide- Gibbins V Proctor didn't feed child. Intention to cause serious harm satisfying the mens rea or murder Non fatal offences against the person- santana Bermudez pricked by a needle and told the officer he had none. Property offences- Miller didn't try and put out fire |
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