Criminal Law Principles Flashcards

What are the two elements of a criminal offence?

Answer: Actus reus (guilty act) and mens rea (guilty mind)

Most criminal offences require both actus reus (the physical element — the guilty act, omission, or state of affairs) and mens rea (the mental element — the guilty mind, such as intention or recklessness).

What is the mens rea of murder in English law?

Answer: Intention to kill or cause grievous bodily harm

The mens rea of murder is 'malice aforethought' meaning an intention to kill (express malice) or an intention to cause grievous bodily harm (implied malice), as confirmed in R v Moloney [1985].

What is the actus reus of theft under the Theft Act 1968?

Answer: Appropriation of property belonging to another

Under s.1 Theft Act 1968, theft requires: (1) appropriation (s.3), (2) of property (s.4), (3) belonging to another (s.5), done (4) dishonestly (s.2), and (5) with intention to permanently deprive (s.6). The actus reus is appropriation of property belonging to another.

What test for dishonesty was established in Ivey v Genting Casinos [2017]?

Answer: Was the defendant's conduct dishonest by the standards of ordinary decent people? (objective test)

The Supreme Court in Ivey v Genting Casinos replaced the Ghosh test with a two-stage objective test: (1) ascertain the actual state of the defendant's knowledge or belief, then (2) ask whether their conduct was dishonest by the standards of ordinary decent people.

What is the difference between 'specific intent' and 'basic intent' offences?

Answer: Specific intent offences require a particular purposive intent; basic intent can be satisfied by recklessness

Specific intent offences require a specific purposive intention (e.g., murder, theft, s.18 GBH). Basic intent offences can be committed by recklessness (e.g., manslaughter, s.20 GBH, criminal damage). The distinction matters for the intoxication defence.

What is 'strict liability' in criminal law?

Answer: Offences where no mens rea is required as to one or more elements of the actus reus

Strict liability offences do not require proof of mens rea as to one or more elements of the actus reus. Examples include road traffic offences and food safety regulations. They are typically regulatory offences.