Elements of a Crime

Unit 2.1 Elements of a Crime

Introduction

• Criminal law focuses on the liability of a person for wrongdoing against another person, society, and/or the state.
• It is universally acknowledged that certain behaviors constitute criminal acts.

13.1 The Principles Underpinning Fault in Criminal Law

• Fault: In a legal context, refers to a form of wrongdoing which creates responsibilities under criminal law or negligence in civil law.
• Fault signifies the concept of blameworthiness, ensuring that a person at fault has legal accountability.
• A person can be faulted even if the offense is not classified as 'fault' in legal terms.

Two Elements to Prove Guilt:

1. Actus Reus: The physical element of the crime; represents what the defendant has done or failed to do.
2. Mens Rea: The mental element of the crime; encompasses what the defendant was intending or thinking during the commission of the crime.

• Example of Theft:

  • Actus Reus: Appropriating property belonging to another.
  • Mens Rea: Acting dishonestly and intending to permanently deprive the owner of it.

• Difference Between Accident and Crime:

  • A minor car accident is not typically a criminal act but an error. However, if there is intent or recklessness indicating a desire to cause damage, it can become a criminal matter.

Crime Categorization:

• Conduct Crime: Offences defined by the conduct of the accused without necessitating any result from that conduct.

  • Example: Theft does not require the further act of spending the stolen money.

• Result Crime: Requires that the result of the accused's conduct must occur to constitute a crime.

  • Example: In criminal damage, the essential need is to prove that the accused's actions caused damage or destruction.

• Standard of Proof:

  • Criminal offences must be proven beyond a reasonable doubt; a more stringent standard than the civil law's balance of probabilities.

13.2 Actus Reus

13.2.1 Conduct Element of a Crime

• Actus reus is categorized as:
  • An act
  • A failure to act (an omission)
  • A state of affairs

Voluntary Nature of Actus Reus

• The defendant's act or omission must be voluntary. Involuntary actions do not constitute actus reus.

Case Example: Hill v Baxter (1958)

• The defendant claimed he had no control (was in an automatism state) when he crashed his van after ignoring a stop sign. Convicted due to lack of evidence supporting involuntary action.
• Examples of involuntary actions where a driver cannot be held liable include:
  • Being stung by a swarm of bees.
  • Being struck on the head.
  • Suffering a heart attack while driving.

State of Affairs Cases

• Rare instances exist where a defendant is convicted without a voluntary action:

Case Example: R v Larsonneur (1933)

• A French woman was forcibly deported back to the UK against her will and charged as an illegal immigrant. Convicted despite lack of voluntary action upon her return.

13.2.2 Omissions as Actus Reus

• Generally, a positive act must comprise the actus reus. Omissions alone do not incur liability unless specific conditions are met.

• Stephen J Example: A fails to save a drowning B; no crime committed.

• Lord Diplock in R v Miller (1983): Failure to act can incur liability when there is a legal duty to counteract a danger created by oneself, even if it's termed as an omission.

Circumstances Where Omission Can Form Actus Reus:

1. Legislation defines an omission as an offense.
2. A contractual duty to act exists.
3. A relationship creates a duty (e.g. parent-child).
4. A duty voluntarily accepted by the accused.
5. Duty arises from an official position.
6. Actions set in motion by the defendant result in a duty to act.

Examples of Omission Cases

• Statutory Duty:
  • Failing a breath test, per s 6 of the Road Traffic Act 1988.
• Contractual Duty:
  • R v Pittwood (1902): A railway crossing keeper was guilty of manslaughter for failing to close the gates, leading to a collision.

Other Notable Cases:

• R v Gibbins and Proctor (1918): Parents neglected to feed their child resulting in death; held liable for murder due to duty to act.

• R v Stone and Dobinson (1977): Failure to care for an elderly relative resulted in manslaughter.

• R v Dytham (1979): Police officer failed to assist in a violent attack and was convicted for neglecting duty.

• R v Miller (1983): Defendant failed to extinguish a fire from a cigarette; held liable for arson.

13.2.3 Causation

• In result crimes, proving causation is necessary:
  1. The defendant's conduct must be the factual cause of the consequence.
  2. The defendant's conduct must also be the legal cause of the consequence.
  3. There should be no intervening act breaking that chain of causation.

Factual Cause

• Establishes that the consequence wouldn't have occurred 'but for' the defendant's action.

Case Examples:

• R v Pagett (1983): Defendant's actions led to the death of his girlfriend; he was guilty as she wouldn't have died without his actions.
• R v White (1910): Intended to murder but victim died of heart failure; not guilty of murder, guilty of attempted murder.

Legal Causation

• Thin-Skull Rule: A defendant must accept the victim as they find them, inclusive of any pre-existing conditions making harm more severe.

Case Example: R v Blaue (1975)

• Victim refused blood transfusion due to religious beliefs; death resulted from the initial stabbing. Defendant held liable due to thin-skull rule.

The Chain of Causation

• Must remain unbroken for criminal liability:
  • Injury from a third party: Poor medical treatment does not generally break causation unless it overwhelms the original cause.

Case Examples:

• R v Smith (1959): Poor medical treatment did not break the chain; original stab wound was the key cause.
• R v Cheshire (1991): Complications from medical treatment did not absolve the original shooter from liability.
• R v Jordan (1956): Medical actions were so negligent; they broke the chain of causation.

Victim's Own Act

• If a victim reacts in a foreseeable manner, this does not break causation.

Case Example: R v Roberts (1971)

• Victim jumped from a car to escape advances, sustaining injury; defendant held liable.

Unreasonable Victim Response

• Victim actions can sometimes be unreasonable and break causation.

Case Example: R v Williams (1992)

• Victim jumped from a car and was killed; the leap was deemed unreasonable and broke causation chain.

Natural Events

• Natural unforeseen events may also break causation.

13.3 Mens Rea

• Mens Rea refers to the mental element of an offense.
• Exceptions exist for strict liability offenses requiring no mens rea proof. Examples include motoring offenses and regulatory offenses.

Primary Levels of Mens Rea:

1. Intention: Purposeful decision to bring about a prohibited consequence.
2. Recklessness: Consists of unjustifiable risk-taking where the defendant was aware of the risk and chose to take it.

13.3.1 Intention

• Definition in R v Mohan (1975): Intention indicates a clear decision to bring about the prohibited outcome.

Case Example: R v Mohan (1975)

• Defendant drove towards a policeman, displaying a direct intent to harm.

Foresight of Consequences

• Not equivalent to intention but can serve as evidence, particularly in 'oblique intent'.

Case Example: R v Woollin (1998)

• Intention determined through the virtual certainty of consequence.

13.3.2 Recklessness

• Recklessness entails an unjustifiable risk which the defendant knowingly undertakes.

Case Example: R v Cunningham (1957)

• Defendant caused gas to enter neighboring house inadvertently; acquitted due to lack of awareness of risk.

13.3.3 Transferred Malice

• This principle allows liability when intent directed at one victim inadvertently occurs to another.

Case Examples:

• R v Latimer (1886): Intentionally aimed at one but hit another; guilty under transferred malice.
• R v Mitchell (1983): Intention towards one person transferred to harm another unexpectedly.

Case Example of Insufficiency:

• R v Pembliton (1874): Intent to harm people could not be transferred to property damage.

13.4 Coincidence of Actus Reus and Mens Rea

• Both actus reus and mens rea must exist simultaneously for liability.

Example Scenarios:

• Intention without execution or action lacks a crime. Conversely, accidental damage with no intent also does not constitute a crime.

Continuing Acts

• Continuing acts allow simultaneous actus reus and mens rea to coincide; exemplified in Fagan v Metropolitan Police Commissioner (1968).

Case Example: Fagan v Metropolitan Police Commissioner (1968)

• Fagan initially unaware car was on a policeman's foot; upon realizing, he achieved mens rea while actus reus continued, resulting in liability.

The balance between legal definitions and public expectations creates conflict, particularly in areas of moral responsibility and intervening acts concerning causation. Further exploration is warranted into how standards are defined and maintained within the criminal justice system.

TARGET SKILLS

1. Define mens rea.
2. Two situations where omission can form actus reus.
3. Evaluate the justice of broken causation due to medical treatment.
4. Discuss the effectiveness of oblique intention law findings.