Law: Criminal - Actus reus and Mens Rea

Definition of AR

Guilty act

What must AR be

Voluntary and positive

Hill v Baxter

AR must be voluntary

Omissions

Failure to act

Can only be criminally liable for an omission when they have a duty to act

Examples of when a person will have a duty to act

When required by a contract - Pitwood

When required by public position - Dytham

When required by an act of parliament 

Failure to minimise harmful consequence of act - Miller 

Voluntarily take on a duty  - Stone + Dobinson

Define Mens Rea

Guilty mind

Intention to commit the crime 
Does not concern motive 

Direct intent

Intent to bring about the legal consequence rather than the physical consequence

Define by Mohan

Mohan case

Defines direct intent

Indirect intent

D does not intend to cause a specific result but foresees it as virtually certain to occur as a result of their actions.

Woollin case

Define indirect intent

Two part test

The consequence is a virtually certain result of the act
D know that the consequence is a virtually certain result

Matthews + Alleyne

Doesn’t show intention for murder but can be inferred 
Uses the two part test 

Recklessness definition

D knows there is a risk of criminal consequence but deliberately takes the risk

Cunningham

Not guilty for recklessness as couldn’t be proven that D knew that there was a risk of harm to neighbours

Coincidence of AR and MR

Generally AR and MR must both be present at same time
Series of linked acts to be treated as one event  

Fagan

D left car parked on policeman’s foot, deemed continuing act as didn’t move the car 

Thabo Meli

D guilty due to continuing act of throwing off of a cliff

Church

MR continued even after he though she was dead

Transferred malice

When D’s MR is transferred from the intended victim to the actual victim 

Mitchell

D push a man into and old lady who fell and died

D guilty of transferred malice

Pembilton

D not found guilty for transferred malice