Criminal Law Final Exam:
How to answer Criminal Law problem question?
1- State the defendant and the action that is under question
2- State the offence that may have been done, if more than one
apply then start with most serious.
Unit 1:
There are three components to a criminal offence:
1- Actus Reus: the guilty conduct of the defendant.
For example, actus reus of criminal damage would be,
destruction or damage of property, which belongs to someone
other than defendant.
* State of affairs: Actus reus could be fulfilled in circumstances
defendant has no control over and certain state of affairs, for
example R V Larsonneur, deported from Ireland to England
against will, convicted of being illegally in UK. Actus reus
established when defendant was “found:
2- Mens Rea: The guilty state of mind of the defendant
3- A lack of a valid defense
Actus Reus:
a) An act or sometimes failure to act by defendant
b) The existence of certain circumstances at time of defendant’s
conduct
c) Consequences arise from the conduct of the defendant
Liability for Omissions:
- It is possible to be criminally liable for an omission to act.
Failing to stop at a red light for example. The general law in
England is that there is no general duty to intervene and help
someone in trouble, general principle is that there is no
criminal liability for failing to act.
4 situations where person can commit actus reus of crime by
failing to act:
1- Special Relationship: family ties, duty towards victim, there
could be a liability for failure to act. If it was the person’s
How to answer Criminal Law problem question?
1- State the defendant and the action that is under question
2- State the offence that may have been done, if more than one
apply then start with most serious.
Unit 1:
There are three components to a criminal offence:
1- Actus Reus: the guilty conduct of the defendant.
For example, actus reus of criminal damage would be,
destruction or damage of property, which belongs to someone
other than defendant.
* State of affairs: Actus reus could be fulfilled in circumstances
defendant has no control over and certain state of affairs, for
example R V Larsonneur, deported from Ireland to England
against will, convicted of being illegally in UK. Actus reus
established when defendant was “found:
2- Mens Rea: The guilty state of mind of the defendant
3- A lack of a valid defense
Actus Reus:
a) An act or sometimes failure to act by defendant
b) The existence of certain circumstances at time of defendant’s
conduct
c) Consequences arise from the conduct of the defendant
Liability for Omissions:
- It is possible to be criminally liable for an omission to act.
Failing to stop at a red light for example. The general law in
England is that there is no general duty to intervene and help
someone in trouble, general principle is that there is no
criminal liability for failing to act.
4 situations where person can commit actus reus of crime by
failing to act:
1- Special Relationship: family ties, duty towards victim, there
could be a liability for failure to act. If it was the person’s
