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General Elements of Criminal Liability

  • 3 subtopics
  • 10 things to know
  • Component 1

What General Elements of Criminal Liability covers

The two elements every offence requires, and the rules linking the defendant's conduct to the result.

Where it is assessed

Component 1

Criminal law, Section B of the first paper.

Check the OCR specification ↗

The 3 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Evaluation

What is the significance of R v Larsonneur for state of affairs liability?

Key term

How would you apply the 'but for' test to determine factual causation?

Process

Why was the defendant in R v White not guilty of murder?

Key term

Give an example of factual impossibility in an attempt, and explain its effect on liability.

Key term

What were the facts of R v Pittwood and why was the defendant liable?

Key term

Why was the father in R v Gibbins and Proctor convicted of murder by omission?

Key term

Why must the defendant's conduct be voluntary for criminal liability to arise?

Key term

Name the five recognised sources of a legal duty to act.

Evaluation

Why might the presumption of mens rea be considered inadequate protection for defendants in strict liability cases?

Evaluation

What is the argument that transferred malice produces just outcomes?

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The same content, four other ways.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    What is meant by the term 'actus reus' in criminal law?

    Model answer

    The actus reus is the physical or external element of a crime, comprising the guilty act, omission, or state of affairs required by the offence definition.

  2. 2

    Why must the defendant's conduct be voluntary for criminal liability to arise?

    Model answer

    Criminal liability requires voluntary conduct because the law only holds individuals responsible for actions within their conscious control; involuntary movements or reflexes cannot form the basis of a guilty act.

  3. 3

    How can a positive act constitute the actus reus of an offence?

    Model answer

    A positive act constitutes actus reus when the defendant performs a physical action that satisfies the conduct element of the offence, such as striking someone in assault.

  4. 4

    What is the general rule regarding omissions and criminal liability?

    Model answer

    An omission can only form the actus reus where the defendant was under a legal duty to act; there is no general duty to act in English law.

  5. 5

    Name the five recognised sources of a legal duty to act.

    Model answer

    Statutory duty, contractual duty, voluntary assumption of responsibility, creation of a dangerous situation, and a special relationship.

  6. 6

    Explain how a contractual duty can create liability for failing to act.

    Model answer

    If a person's contract requires them to perform certain acts for the safety of others, breach of that duty by omission can form the actus reus of a crime.

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General Elements of Criminal Liability revision questions

What does General Elements of Criminal Liability cover in OCR A-Level Law?
3 subtopics: actus reus: acts, omissions and states of affairs, causation in criminal law and conduct and consequence crimes, strict liability and transferred malice. Each one has its own page with questions and model answers.
How is General Elements of Criminal Liability organised?
By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.

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