Introduction to Criminal Law

Introduction to Criminal Law
Lecturer: Dr. Chrystala Fakonti
Contact: Chrystala.Fakonti@gcu.ac.uk
Elements of Criminal Liability
Actus Reus: Refers to the conduct or state of affairs prohibited by law and is a core component in establishing criminal liability.
Types of Actus Reus:

• Result Crimes: Involves causing a prohibited result, such as homicide or bodily harm.

• Conduct Crimes: Entails performing a prohibited action, like driving under the influence.

• States of Affairs: Situations which exist irrespective of any action, such as possession of illegal substances.

• Omissions: Refers to the failure to act when there is a duty to do so, leading to liability in certain circumstances.
  Mens Rea: The mental element necessary for a crime, often referred to as the 'guilty mind'. It reflects the individual's intentions or knowledge at the time of committing the act.

• Various forms of mens rea include intention, recklessness, and negligence, which must be established alongside actus reus to prove liability.
  Causation: An essential element for many crimes that determines whether the accused's actions caused the criminal result. Establishing causation requires linking the actus reus and the consequence.
  Structure of Criminal Liability
  Proof: The prosecution must demonstrate all elements of the crime beyond a reasonable doubt, which includes:
  (a) The accused committed the actus reus.
  (b) The accused acted with the required mens rea or mental state.
  Defensive Burden: The accused bears the initial evidential burden to introduce any defenses. The prosecution generally has the task of disproving any defenses that the accused raises.
  Example: Murder

• Actus Reus of Murder (Scots Law): Defined as any willful act causing the destruction of life, which can include direct actions like stabbing or indirect actions like setting a trap.

• Mens Rea of Murder (Scots Law): Must be demonstrated by wicked intent to kill or a reckless disregard for the victim's life.
  Criminal Actions
  Most crimes necessitate action, reflecting the legal presumption of voluntary action except in cases where involuntariness is proven.
  Involuntariness Claims: Include claims based on several categories:

1. Automatism: A state where the individual lacks conscious control over actions; for example, sleepwalking. The case of Ross v HM Adv (1991) defined this as a total alienation of reason, thereby leading to an absence of self-control.

2. Reflex Actions: Occur without conscious thought, such as when a driver has an involuntary reaction. In Hill v Baxter (1958), the court examined a situation where a driver blacked out and collided with another vehicle, illustrating a potential defense for sudden unconsciousness.

3. Innocent Agents: Situations where no actual action taken by the accused results in liability. Hogg v MacPherson (1928) serves as an example in which external forces, like a gust of wind, made it impossible for the driver to avoid damage, thus absolving him of liability.

4. External Events: Events outside the accused's control may lead to liability, although such defenses are often met with judicial skepticism. Notable cases include R v Larsonneur (1933), where the individual was convicted for being illegally present in the UK, despite being forcibly returned to the country. Similarly, Winzar v CC of Kent (1983) resulted in a conviction despite the individual being involuntarily placed on a public highway.
   Continuing Acts
   Principle: The requirement for actus reus and mens rea to coincide in time.
   Case Study: Fagan v MPC (1969) involved a driver who accidentally drove onto a police officer's foot. Later failing to move the car established mens rea, despite the initial lack of intent.
   Criminal Omissions
   General Principle: Generally, there is no liability arising from an omission unless a positive duty exists to act or prevent harm. Types of Duties include:

• Duties arising from Relationships: For instance, the duty of care owed by parents to their children.

• Assumed Responsibilities: When a person voluntarily takes on a responsibility that creates a duty to act.

• Duties from Created Dangerous Situations: If an individual has created a dangerous situation, they have a duty to correct it.

• Legal (Contractual) Duties: Certain legal obligations can result in criminal negligence if not adhered to.
  Specific examples include:

1. Duties from Relationships: An example is outlined in the Children and Young Persons Act 1937, emphasizing a parent's duty to prevent harm to a child. In Bone v HM Adv (2005), the negligence of a mother failing to intervene during a fatal attack on her child showcased a breach of duty.

2. Assumption of Responsibility: This creates a duty to act, as illustrated by R v Instan (1893), where the defendant was charged for failing to care for her ill aunt, leading to neglect charges. R v Stone and Dobinson (1977) further emphasized the duty to assist someone in distress after voluntarily undertaking that responsibility.

3. Creation of Dangerous Situations: A duty arises to rectify any hazardous conditions one created, exemplified in McPhail v Clark (1982), where a farmer’s negligence led to a collision due to inadequate visibility from the fire.

4. Other Legal Duties: Criminal negligence can result from failing to uphold contractual obligations, as seen in R v Pittwood (1902), where a gatekeeper's negligence in closing a railway crossing gate led to a fatal incident.