Criminal Liability Theory
Elements of Crime
Mens Rea
"Guilty mind" mental recognition of committing a crime
Actus Reus
The physical element of committing a crime
It is only a crime if the actus reus and mens rea are present together at the
same time (general rule - see exception below)
Mens Rea
"Guilty Mind" Mental element, mental fault
Level of Guilt
Intention - Attempting to create that outcome
Recklessness - Ignoring a warning of an outcome and not acting
Negligence - Failing to do something - (Mistake)
Level of guilt
Knowledge - You knew something could happen
Statutes or precedence will establish the level of guilt required to prosecute an
individual.
E.g.
Assault/battery - Intention to cause another to fear immediate unlawful force
or recklessness as to whether such fear is caused. Mens Rea Actus Reus
Woolmington v DPP
Set the important precedences of criminal trials
Prosecution must prove the case (not the defendant prove they
didn't)
The rules apply to all criminal cases
The rules apply where there are criminal trials
Guilt must be proved Beyond Reasonable Doubt (BRD)
, A reasonable doubt can be produced in evidence by P or D.
Burden of Truth
The prosecution must prove that D is guilty, the defendant could
give no defence and unless the P can prove BRD the D is guilty, D is
innocent
If a defence is raised the judge will direct the jury to acquit (let
them go) unless the jury are satisfied the defence was disproved.
It is also the burden of the prosecution to disprove a defence
raised by D.
E.g.
Woolmington's defence:
The gun had gone off accidentally. Therefore the P had to prove that the gun
hadn't gone off by accident.
Actus Reus
The actus reus is the prohibited action which the defendant may have
committed.
Actus Reus must be a voluntary action. In must be within the control of the D
to stop or continue the act. So if a defendant is forced to commit an action they
do not have actus reus or if given medication/spiked with a drug that makes
you violent, violence is then not an actus reus.
Many defences rely on the fact the defendant was forced to commit the action.
Types of Actus Reus
Conduct - Doing the action. E.g. Perjury - where an individual lies in court, D
would be guilty even if the act had no effect on the case.
State of Affairs - Some crimes require certain circumstances. E.g. Burglary - if
someone is invited in, this is not burglary, once they are asked to leave or
haven't had invite and refuse to leave are guilty.
Consequence or Result - These are crimes that are dependant on the
defendant causing an outcome. For example battery could be ABH for minor
injury, GBH if caused such or murder if caused death. (Thin Skull Rule)
, Omissions - Failure to act, 6 kinds of specific situations in which failure to act is
criminal. Very small number of offences as generally people are not punished
for failing to act.
R v Larsonneur 1936
D was deported from Ireland and sent to the UK
When she arrived in the UK she was arrested for trying to enter
the UK
She was found guilty of illegally being in the UK
State of Affairs offences REQUIRE NO VOLUNTARY CONDUCT (Not
including duress)
Omissions
Failing to do something
Smallest number of offences
6 instances of crimes that are committed by a failure to act
Generally, people are not punished for not doing something
o E.g. You can legally walk past a child drowning in a river
Contractual Duty
o Usually failing to perform contractual duty is a civil matter
o However in the situation that a contract has signed a duty of
care over someone and harm has been caused by failure to
act the contracted is liable.
o R v Pittwood (1902) a railway crossing keeper omitted to
shut the gates - guilty of manslaughter.
o Another example of those with contractual duty is
Lifeguards
Professional Duty
o E.g. The Police who have a duty of care over the public
o R v Dytham (1979) Dytham was a police officer on duty
outside a nightclub. He witnessed a bouncer throw out V,
these bouncers then proceeded to kick V to death. Dytham
found guilty of Misconduct in Public Office as he did not act
and prevent the death or call for help for the V.
Voluntary Acceptance of Responsibility
Elements of Crime
Mens Rea
"Guilty mind" mental recognition of committing a crime
Actus Reus
The physical element of committing a crime
It is only a crime if the actus reus and mens rea are present together at the
same time (general rule - see exception below)
Mens Rea
"Guilty Mind" Mental element, mental fault
Level of Guilt
Intention - Attempting to create that outcome
Recklessness - Ignoring a warning of an outcome and not acting
Negligence - Failing to do something - (Mistake)
Level of guilt
Knowledge - You knew something could happen
Statutes or precedence will establish the level of guilt required to prosecute an
individual.
E.g.
Assault/battery - Intention to cause another to fear immediate unlawful force
or recklessness as to whether such fear is caused. Mens Rea Actus Reus
Woolmington v DPP
Set the important precedences of criminal trials
Prosecution must prove the case (not the defendant prove they
didn't)
The rules apply to all criminal cases
The rules apply where there are criminal trials
Guilt must be proved Beyond Reasonable Doubt (BRD)
, A reasonable doubt can be produced in evidence by P or D.
Burden of Truth
The prosecution must prove that D is guilty, the defendant could
give no defence and unless the P can prove BRD the D is guilty, D is
innocent
If a defence is raised the judge will direct the jury to acquit (let
them go) unless the jury are satisfied the defence was disproved.
It is also the burden of the prosecution to disprove a defence
raised by D.
E.g.
Woolmington's defence:
The gun had gone off accidentally. Therefore the P had to prove that the gun
hadn't gone off by accident.
Actus Reus
The actus reus is the prohibited action which the defendant may have
committed.
Actus Reus must be a voluntary action. In must be within the control of the D
to stop or continue the act. So if a defendant is forced to commit an action they
do not have actus reus or if given medication/spiked with a drug that makes
you violent, violence is then not an actus reus.
Many defences rely on the fact the defendant was forced to commit the action.
Types of Actus Reus
Conduct - Doing the action. E.g. Perjury - where an individual lies in court, D
would be guilty even if the act had no effect on the case.
State of Affairs - Some crimes require certain circumstances. E.g. Burglary - if
someone is invited in, this is not burglary, once they are asked to leave or
haven't had invite and refuse to leave are guilty.
Consequence or Result - These are crimes that are dependant on the
defendant causing an outcome. For example battery could be ABH for minor
injury, GBH if caused such or murder if caused death. (Thin Skull Rule)
, Omissions - Failure to act, 6 kinds of specific situations in which failure to act is
criminal. Very small number of offences as generally people are not punished
for failing to act.
R v Larsonneur 1936
D was deported from Ireland and sent to the UK
When she arrived in the UK she was arrested for trying to enter
the UK
She was found guilty of illegally being in the UK
State of Affairs offences REQUIRE NO VOLUNTARY CONDUCT (Not
including duress)
Omissions
Failing to do something
Smallest number of offences
6 instances of crimes that are committed by a failure to act
Generally, people are not punished for not doing something
o E.g. You can legally walk past a child drowning in a river
Contractual Duty
o Usually failing to perform contractual duty is a civil matter
o However in the situation that a contract has signed a duty of
care over someone and harm has been caused by failure to
act the contracted is liable.
o R v Pittwood (1902) a railway crossing keeper omitted to
shut the gates - guilty of manslaughter.
o Another example of those with contractual duty is
Lifeguards
Professional Duty
o E.g. The Police who have a duty of care over the public
o R v Dytham (1979) Dytham was a police officer on duty
outside a nightclub. He witnessed a bouncer throw out V,
these bouncers then proceeded to kick V to death. Dytham
found guilty of Misconduct in Public Office as he did not act
and prevent the death or call for help for the V.
Voluntary Acceptance of Responsibility
