Elements of Criminal Liability
- Created by: Launston
- Created on: 13-05-14 09:32
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- Elements of Criminal Liability
- Actus Reus (Prohibited Act)
- Mens Rea (Culpable state of mind)
- Actus Reus and Mens Rea must coincide
- Actus Reus comes first
- Fagan - drove car onto police officer's foot and did not move it when he realised
- The Actus Reus was a continuing act from the moment the car stopped on the policeman's foot and the mens rea arose and coincided
- Miller - dropped a cigarette onto a mattress and did not put the fire out
- Where the defendant has created a dangerous situation, they must act to stop this
- Fagan - drove car onto police officer's foot and did not move it when he realised
- Mens Rea comes first
- Church - beat a woman and threw her into the river believing she was dead, she subsequently drowned
- The series of acts made up a single transaction which was designed to cause death
- Church - beat a woman and threw her into the river believing she was dead, she subsequently drowned
- Actus Reus comes first
- Strict Liability
- Only the Actus Reus must be proved to render the defendant liable
- Criticisms: people should not be arrested without a 'fault' element - they must have a culpable state of mind
- ECHR: there should be no strict liability for the crimes with the most serious levels of culpability
- House of Lords: Mens Rea should be assumed in every criminal case
- ECHR: there should be no strict liability for the crimes with the most serious levels of culpability
- Criticisms: people should not be arrested without a 'fault' element - they must have a culpable state of mind
- Justifications
- Enforces standards of behaviour
- It is easier to catch criminals
- There is no risk to liberty and punishments are usually in the form of fines
- It is easier to catch criminals
- Enforces standards of behaviour
- Only the Actus Reus must be proved to render the defendant liable
- Absence of a Valid Defence
- Specific
- Loss of Self Control
- General
- Necessity
- Denial of Mens Rea
- Insanity
- Denial of Actus Reus
- Automatism
- Complete
- Self Defence
- Partial
- Diminished Responsibility
- Specific
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