ELEMENTS OF CRIMINAL LIABILITY

• In this lecture, we will consider:

• Burden and standard of proof in a criminal trial

• The building blocks of criminal liability -

- the actus reus

- the mens rea

• Transferred malice

BURDEN AND STANDARD OF PROOF

• Burden of proof is on the prosecution to prove D committed the actus reus with the requisite mens rea and had no defence.

• Standard of proof is beyond reasonable doubt.

Exceptions to Woolmington principle covered in criminal law

• Diminished responsibility

• Insanity

• The 2 elements which make up a criminal offence are the actus reus and the mens rea.

How is the actus reus identified?

• The starting point in determining the actus reus is the definition of the offence.

• The actus reus will commonly consist of two or more of the following:

• Conduct• Consequences of conduct• Circumstances

Conduct

• A voluntary act is normally required but in limited circumstances D may be liable for his omission to act.

• Involuntariness may provide a basis for a general excuse to criminal liability.

• Sometimes conduct may consist of a mere “state of affairs” involving no act, as such, no willed muscular movement.

Consequences of the conduct

• D’s conduct must have caused the consequence required by the actus reus.

Circumstances in which the conduct took place

• The actus reus will often require that certain circumstances existed at the time of the prohibited conduct.

MENS REA

• The guilty mind

• Do not confuse motive with mens rea

• The two most common mens rea words are:

• Intention

• Recklessness

Coincidence of actus reus and mens rea

• A basic rule of general application is that the mens rea must coincide in point of time with the act which causes the actus reus.

• Exceptions:

• (i) Cases involving cover up of apparent death

• (ii) Dutch courage

Relevant cases

• Thabo Meli v The Queen (1954)

• Church (1966)

• Le Brun (1991)

• Fagan (1969)

• Miller (1969)

DOCTRINE OF TRANSFERRED MALICE

• It is a basic rule of the criminal law that if D, with the mens rea of a particular crime, does an act which causes the actus reus of the same crime, he will be guilty even though the end result is in some respects an unintended one.

• Relevant caselaw:

• Latimer (1886)

• Pembliton (1874)

• The doctrine allows for the transfer of defences.