Generally, in a criminal case, the prosecution must establish a guilty intention, as well as a guilty act. Explain and illustrate these two elements of a crime.
Paper 1, June 1998, Question 9 Trina Soon
Generally, in a criminal case, the prosecution must establish a guilty intention, as well as a guilty act. Explain and illustrate these two elements of a crime. (25m)
A person cannot ordinarily be found guilty of a serious criminal offence unless two elements are present: the actus reus (guilty act) and the mens rea (guilty mind). A wrongful act on its own therefore cannot usually be criminal unless the wrongful state of mind required for that offence is present.
Actus reus is the essential component of a crime that must be proved to secure a conviction, and includes any unlawful act or unlawful omission. Generally, one is not liable by omission, however there are several exceptions, when there is a failure to act under a duty to act. Duty to act can arise from a contract, as in R v. Pittwood, where a railway gatekeeper failed to uphold his duty to shut the gate, resulting in a person's death. Where there is a voluntary assumption of care between the defendant and the victim, a duty to act may also arise. In R v. Instan and R v. Stone & Dobinson, the respective victims under the defendants' care died as a result of defendants' failure to uphold their duties. In Instan, the defendant's aunt died due to mistreatment and neglect, making the defendant liable for failing to act under a duty to act. Duties may also arise from close familial relationships, as in R v. Gibbins & Proctor, where husband and wife were found guilty of murdering their daughter, Nelly, when they consciously starved her to death. In dangerous situations, a common law duty may also arise, as in R v. Miller, where the defendant set fire to a mattress when he fell asleep with a lighted cigarette. Waking up, he did not do anything to extinguish the fire or prevent any damage. He failed to limit any further harm caused by his own actions, and similarly in Metropolitan Police Commissioner v. Fagan, the defendant deliberately drove his car unto a policeman's foot, and then refused to move.
Generally, in a criminal case, the prosecution must establish a guilty intention, as well as a guilty act. Explain and illustrate these two elements of a crime. (25m)
A person cannot ordinarily be found guilty of a serious criminal offence unless two elements are present: the actus reus (guilty act) and the mens rea (guilty mind). A wrongful act on its own therefore cannot usually be criminal unless the wrongful state of mind required for that offence is present.
Actus reus is the essential component of a crime that must be proved to secure a conviction, and includes any unlawful act or unlawful omission. Generally, one is not liable by omission, however there are several exceptions, when there is a failure to act under a duty to act. Duty to act can arise from a contract, as in R v. Pittwood, where a railway gatekeeper failed to uphold his duty to shut the gate, resulting in a person's death. Where there is a voluntary assumption of care between the defendant and the victim, a duty to act may also arise. In R v. Instan and R v. Stone & Dobinson, the respective victims under the defendants' care died as a result of defendants' failure to uphold their duties. In Instan, the defendant's aunt died due to mistreatment and neglect, making the defendant liable for failing to act under a duty to act. Duties may also arise from close familial relationships, as in R v. Gibbins & Proctor, where husband and wife were found guilty of murdering their daughter, Nelly, when they consciously starved her to death. In dangerous situations, a common law duty may also arise, as in R v. Miller, where the defendant set fire to a mattress when he fell asleep with a lighted cigarette. Waking up, he did not do anything to extinguish the fire or prevent any damage. He failed to limit any further harm caused by his own actions, and similarly in Metropolitan Police Commissioner v. Fagan, the defendant deliberately drove his car unto a policeman's foot, and then refused to move.
