Elements of Criminal Liability Flashcards

Flashcards covering the elements of criminal liability, including Actus Reus, Mens Rea, Automatism, Omissions, and relevant case law.

Actus Reus (AR)

The external element of a crime involving a prohibited act, positive conduct, or movement that causes forbidden harm.

Mens Rea (MR)

A blameworthy state of mind, such as intention or knowledge, that makes a person's mind legally blameworthy.

Actus Non Facit Reum Nisi Mens Sit Rea

A legal maxim stating that 'An Act Does Not Make A Person Legally Guilty Unless His Mind Is Legally Blameworthy.'

Voluntary Act

A movement that involves a willful act, free will, and the ability to control one's own movement.

Automatism

A defense for an act done by a person who is not conscious of what they are doing, such as sleep-walking or acting under concussion, provided it is not caused by a disease of the mind.

Cogdon ($1951$)

An Australian case where a woman axed her daughter to death while in a somnambulistic state (sleepwalking); she was acquitted as the act was not legally regarded as her act.

Quick [$1973$]

An English case involving an assault committed while the offender was in a state of hypoglycaemia (low blood sugar).

Sinnasamy ($1956$)

A Malaysian case where the Court of Appeal rejected an automatism defense based on 'irresistible impulse' from epilepsy, stating it must be proven as a result of insanity under $S\,84$ PC.

Illegal Omission

A failure to act that is an offence, is prohibited by law, or furnishes ground for a civil action according to $S\,43$ PC.

Lee Sai Yan v PP ($1980$)

A case involving a failure to prevent a person from entering a bored hole without breathing apparatus, violating a statutory duty under the Factories Act $1973$.

De'Souza v. Pashupathi Nath Sarkar ($1968$)

A case where a ship captain was charged under $s.304A$ PC for failing to send a sick crew member for treatment, violating the Merchant Shipping Act duty to preserve life.

Pittwood ($1902$)

A case establishing that criminal liability can arise from a duty created by contract, involving a railway gatekeeper who left a gate open.

Miller [$1893$]

A case where the accused was convicted for recklessly causing damage by omission after failing to take steps to avert a fire he accidentally started with a cigarette.

Direct Intention

A state of mind where the accused has decided to bring about a particular consequence, even if they believe it is unlikely to occur.

Hyam v DPP [$1974$]

A House of Lords case ruling that intention exists if the defendant knew there was a serious risk that death or serious bodily harm would result from their acts.

R v Moloney [$1985$]

A case where the House of Lords held that knowledge or foresight of consequences are material to infer intention, but foresight of a 'natural consequence' is not intent itself.

Oblique Intention

Also known as indirect intention; it refers to the foresight of certainty or the foresight of probability regarding the consequences of an act.

$S\,300(d)$ PC

A Penal Code provision for murder where the act is so imminently dangerous that it must 'in all probability' cause death or injury likely to cause death.

Thabo Meli [$1954$]

A case where the court upheld a murder conviction for a 'series of acts' where the intent to kill existed during the initial attack, even though the actual death occurred later during the disposal of the body.

Motive

A secondary intention which is generally irrelevant to criminal liability, though it may be relevant as evidence of insanity or as a factual indication.

Ignorantia juris non excusat

A legal principle meaning 'ignorance of the law is no excuse,' as established in cases like Bilbie v Lumley ($1802$) and Esop ($1836$).

Strict Liability

A category of offences where a person can be found guilty of criminal conduct without the prosecution needing to prove the element of mens rea.