CRIME

Actus Reus

The guilty act, which must normally be voluntary, except in cases of absolute liability.

Conduct

The act itself that constitutes the actus reus, such as perjury, without needing consequences.

Result/Consequence Based

The actus reus is defined by the consequence, such as murder requiring a death.

State of Affairs Based

Being in a certain position fulfills the actus reus, as seen in Winzar v Chief Constable of Kent.

Omissions

A failure to act, where there is no general duty to act unless specified by law.

Statutory Duty

A duty imposed by law, such as the Road Traffic Act 1988 requiring breath samples.

Special Relationship

A duty arising from a relationship, like that between parents and children (R v Gibbons and Proctor).

Assumption of Duty

When a defendant takes care of a victim, creating a dependency (R v Stone and Dobinson).

Causation

The relationship between the defendant's actions and the consequence, established through factual and legal causation.

Factual Causation

Determining if the consequence would have occurred but for the defendant's actions (R v White).

Legal Causation

The defendant must be the substantial/operative cause of the consequence (R v Smith; R v Cheshire).

Intervening Acts

Events that can break the chain of causation, such as actions of third parties or unforeseen acts.

Thin Skull Rule

The defendant must take the victim as they find them, including pre-existing conditions (R v Blaue).

Mens Rea

The guilty mind, which includes intention, recklessness, and gross negligence.

Direct Intention

The defendant's aim to achieve a prohibited consequence (R v Mohan).

Indirect/Oblique Intention

When the consequences are virtually certain, and the defendant appreciates this (R v Woolin).

Recklessness

The defendant takes an unjustifiable risk and is aware of it (R v Cunningham).

Gross Negligence

A standard of negligence so severe it is deemed criminal, applicable in gross negligence manslaughter.

Coincidence

The principle that mens rea and actus reus must occur simultaneously, with exceptions for continuing acts.

Transferred Malice

When the mens rea for one victim transfers to another victim (R v Latimer).

Strict Liability

Offences that do not require mens rea but do require a voluntary actus reus.

Absolute Liability

Offences that do not require either a voluntary actus reus or mens rea (R v Larsoner).

Murder

Defined as the unlawful killing of a reasonable creature with malice aforethought express or implied

Year and a Day Rule

Previously required for murder prosecutions, now repealed by the Law Reform (Year and a Day Rule) Act 1996.

Express Malice

Intention to kill or cause grievous bodily harm, either directly or indirectly.

Loss of Self-Control

A partial defence to murder that can reduce the charge to manslaughter (S54 CJA 2009).

Diminished Responsibility

A special defence for murder that reduces the charge to manslaughter based on mental impairment (S2 Homicide Act 1957).

Gross Negligence Manslaughter

Involves a duty of care and a breach that causes death, judged by an objective standard.

Unlawful Act Manslaughter

Requires a completed unlawful act that is objectively dangerous and causes death.

Theft

Defined as dishonestly appropriating property belonging to another with the intention to permanently deprive.

Appropriation

Assuming the rights of the owner, which can occur even with consent (R v Gomez).

Property

Includes money, real property, personal property, and things in action.

Belonging to Another

Property can belong to another through possession, control, or proprietary interests.

Mens Rea of Theft

Dishonesty is defined by beliefs about rights to property and the standards of ordinary decent people (Ivey v Genting Casinos).

Robbery

Involves theft with the use or threat of force (S8 Theft Act 1968).

Burglary

Entering a building as a trespasser with intent to commit theft, GBH, or criminal damage (S9 Theft Act 1968).