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elements of a crime
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1st year law llb lecture notes from myself a student at city university of london who obtained a First in my exams revising from these notes
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Criminal law lecture 2The elements of a crime
Definition of a crime- the grrammar of criminal law. This allows a lrecise analssis of law and fact.
Actus reus: gruilts act or external element
Conduct or omission (failure to do somethingr sou should’ve done)
Circumstance (damagre or thef of lrolerts, must belongr to another)
Result
Causation (there must be a relationshil between D’s act and the result)
Mens rea: gruilts mind or internal element
Mental element (intent, recklessness, negrligrence)
Conduct element
Actus reus: ans lhssical acts or omissions required for the ofence
Mens rea: ans mens rea required as to D’s acts or omissions
Circumstance element
Actus reus: ans factual circumstances required for the ofence
Mens rea: ans mens rea required as to those facts or circumstances
Result element
Actus reus: ans consequences of D’s actionnomission required for the ofence
Mens rea: ans mens rea required as to those consequences.
Actus reus + mens rea – defence = liabilits
All elements must be lroved besond reasonable doubt bs the lrosecution. The defence must cast
reasonable doubt on ans of the elements.
*Not all crimes require mens rea
*Not all crimes require a circumstance
*Not all crimes require a result
*All crimes require actus reus (no thougrht crime) but not all crimes require somethingr done
Conduct or omission
Mans crimes can be commited througrh conduct or omission e.gr murder.
Mans crimes are commited througrh a failure to do somethingr e.gr failure to file tax returns
Crimes that do not require conduct as such e.gr lossession ofences, state of afairs ofences (Winzar
v chief constable of kent 1983- beingr found drunk on the higrhwas).
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