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Criminal Law subject guide – Lesson 02Wilson Chapter 4 ‘Actus reus’ Sections 4 1Wilson, Chapter 4 ‘Actus reus’, Sections 4.1 ‘Introduction’, 4.2 ‘Elements of liability’ and 4.3 ‘Interrelationship of actus reus, mens reaand defences’.

Essential ListeningAudio Presentation on the VLE on Chapter 02

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Who has to prove a criminal case?

(Burden of proof)

To what extend should that party prove the criminal case?

( degree/extent of proof)

The burden of proof of a criminal case is with the prosecution

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a criminal case has to bea criminal case has to be proved beyond reasonable doubt

(Woolmington v. DPP)In special situations theIn special situations the

burden can shift to the defence

Burden of proof = on the pparty that starts the litigationDegree of proof = on a b l f b bilibalance of probability

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What does provingWhat does proving a case mean?

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Several ingredients ggo into the

preparation of a cakeIngredients would gvary from cake to

cake

SHORTENING AGENT- FAT OILRAISING AGENT EGGS BAKING SODARAISING AGENT- EGGS BAKING SODAFSOME FORM OF FARINE - FLOOR

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Foundation StructureStructure Roof

Proving the elements of the crime An offence or crime consists of

several elements or building blocks.(like the ingredients of a cake)

Th ti illThe prosecution willbe expected to provethese elements

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THE ACTUS REUS & THE MENS REA

The nuts & the bolts of a crime

ACTUS REUS

MENS REAREUS

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Offence definition

Murder Unlawful killing of a human being with malice aforethoughtmalice aforethought

Offence definition

Theft Dishonestly appropriating property belonging to another with the intention ofwith the intention of permanently depriving the other of it

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Offence definition

Rape A person (A) commits an offence if—(1) he (A) intentionally penetrates the vagina, anus or mouth of another person (B) withhis penis,(2) (B) does not consent to the penetration, and(3) (A) does not reasonably believe that B consents.

Definition l f l killi f h

proving murder involves proving both 1. There was an unlawful killing of a human being

unlawful killing of a human being with malice aforethought

being2. It was done with malice aforethought

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Proving a case involves proving the followingfollowing

1. there was an appropriation2. What was appropriated was property3. That the property belonged to someone else4. The appropriation was done dishonestly5 There was an intention to deprive the other5. There was an intention to deprive the other

person of the property

Prohibited conduct(external element)

Prohibited state of mind(internal element)(external element)

Wrongdoing componentPhysical elementACTUS REUS

(internal element)Fault elementMental elementMENS REA

UNLAWUL KILLING OF A HUAMN BEING

MALICE AFORETHOUGHT(WHICH MEANSHUAMN BEING (WHICH MEANS1.INTENTION TO KILL OR2.INTENTION TO CAUSE

GRIEVOUS BODILY HARM

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Wrongdoing component

Fault elementcomponentPhysical elementACTUS REUS

Mental elementMENS REA

1. There must be an 1.Dishonestlyappropriation

2. What is stolen must be property

3. It should belong to someone else

y2.Intention to

permanently deprive the other of it

ACTUS REUS MENS REAof Rape

MENS REA of Rape

1. Intentionally penetrating the vagina, anus or

th f th

1.Intentional penetration

2. lack of a mouth of another person

2. With the penis3. The other person

does not consent

.reasonable belief that the other person is not consenting

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Where’s the ACTUS REUS and the Definition and the MENS REA

Where’s the

Statute orcommon

definition law

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Definition is inStatuteStatutee.g Theft [ Section 1(1) ]Theft Act

Rape [ Section 1(1) ] Sexual Offences ActCommon lawMurder – definition traced

i i f Chi f ito writings of Chief Justice Sir Edward Cooke (1552-1634)

The package of behaviourThe package of behaviourwhich the law prohibits.”

It’s a Package of 3 – C’s It includes

h d f d

ConductCircumstances result

1. The defendants conduct

2. Circumstances3. Result /consequences

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(conduct can be an act /Omission)(conduct can be an act /Omission)In Murder – an act/omission which causes the death of the victimIn Theft – appropriatingIn Rape – internationally penetrating the anus mount or vagina with the penisanus , mount or vagina with the penisIn Criminal damage – any act/omission that destroys or damages property

In Murder – the person dyingIn Criminal damage the property gettingIn Criminal damage – the property getting destroyed or damaged

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In Murder – the person killed must be a human beinghuman beingIn Theft – the property stolen must belong to someone elseIn Rape – Victim does not consentIn Criminal damage – 1. the property destroyed or damage must belong todestroyed or damage must belong to someone else 2. there should not be a lawful excuse to destroy/damage property

Prosecution must prove all the elements of the actus reusbeyond reasonable doubt

They must prove all 3 C’s conductcircumstancesconsequences

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Serious crimes require proof that the accusedSerious crimes- require proof that the accused was blameworthy in doing what he did (state has a moral authority to punish its citizens only if they deserve it) [theory of retribution]

if you deliberately break the window of the l t h ll th f ight i hlecture hall the, cfps might punish you severely but if you break it accidently they may take a light view of it on the basis that it is not fair to punish you. ( can you relate this to the above theory?)

blameworthy states of mind commonlyblameworthy states of mind commonly used to justify punishment (Mens rea)IntentionRecklessnessWillfulnessKnowledgeKnowledgeBelief

&Negligence ( this is not a form of mens rea)

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PreventionDeterrenceDeterrence

Utilitarian's ( those who believe that the best moral action is the one that maximizes utility) reject- punishment is deserved ( 2 wrongs don’t make a right) they feel punishment should be for prevention and deterrence.pModern view which favours retribution-serious crimes require D to be conscious of his wrongdoing. ( here prevention cannot be justified)

Criminal attempts – no unanimity with regard to correct the theory that should applyto correct the theory that should applyOffences where prevention rather than moral wrongdoing as their primary focus

These offences often have 1. a fault element which requires no conscious awareness of wrongdoing (conscious awareness of wrongdoing ( careless driving, gross negligence mans2. No fault element at all ( strict liability offences )

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What, in your opinionWhat, in your opinion is the best theory of punishment?

Reflect a conscious attitude of the accused to what the are doingThey are aware of what they are doing.They not only know that they are doing wrong but do it neverthelesswrong but do it nevertheless(So they deserve to be punished)

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They block criminal liabilityAlth h th l t f th ffAlthough the elements of the offences may be present.This is the 3rd element of criminal liability.

Insanity duress

self defence

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1st moral claim- to avoid liability

2nd moral claim- to avoid liability

What the accused did is wrong but it is unfair to punish him.

This is because they were, in deprived of ‘the capacity or a fair opportunity to conform’ to th hibiti ( H L A H t)

What the accused was not wrongful. This is because of the special circumstances.

the prohibition ( H.L.A Hart)

e.g. duress and insanity

These defences are excuses ( conduct is excused)

e.g. self defence

These defences arejustifications. ( conduct is justified)

In addition to proving the actus& threus & the mens rea

The prosecution will have to prove that the defendant has no defence.Such a situation would arise only if

the defendant is relying on athe defendant is relying on a defence

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when analysing a case is always therefore to ask the following questions in the followingask the following questions in the following order.1. Has the accused performed a prohibited

act?2. Was that act accompanied by a specified

state of mind or mental element?3. Does the defendant have a defence

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Self defence necessity Duress consentDuress consent Automatism insanity

actus reus mens reaDefinition

So if an element of the offence definition is not present but the accused does not know thispresent but the accused does not know this when they are acting, they still escape liability.if A has intercourse with B believing that she is not consenting when in fact she is consenting A is not guilty of rape, since one of the basic elements of the offence (actus reus) is absent ( D is getting aquitted not because he( D is getting aquitted not because he succeeds in the defence of consent but because the circumstance element of the actus reus is not established)

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Dadson’s case – activity 2.1 of the subject guide (page 15) For facts read Wilsonguide (page 15). For facts read Wilson (textbook) 4.3 Wilson says it fair to convict Dadson. Do you agree?

Dadson shot a person attempting to escape with stolen goods ( this is unlawful)with stolen goods ( this is unlawful)Not unlawful to shoot a felon in similar circumstancesDadson didn’t know victim was a felon

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If the defendant is relying on a defence – he should be aware of the circumstances ( if notshould be aware of the circumstances ( if not he wont be able to succeed in the defence) If the defendant is arguing that the actusreus /mens rea is not established D will have the right to get an acquittal although he was not aware of the circumstances

If the defendant is relying on a defence –there must not only be a good reason for thethere must not only be a good reason for the accused acting as they do, but also the accused must act for that reason ( if not he wont be able to succeed in the defence) If the actus reus /mens rea is not present and the D does not know this D will have the right to get an acquittal

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A crime

Actus Mensreus rea

CONDUCT CIRCUMSTANCES CONSEQUENCES

Act or Omission

Situational crimes

Causation

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