General principles - Responsibility

Learning Outcomes

After reading this article, you will be able to identify and apply the core principles governing criminal responsibility on the MBE. You will understand the requirements of actus reus, the different mental states (mens rea), the doctrine of transferred intent, and the rules for strict liability offenses. You will be able to distinguish between specific and general intent crimes and recognize how these concepts are tested.

MBE Syllabus

For the MBE, you are required to understand the foundational doctrines that determine when a person is criminally responsible. This article focuses your revision on:

  • The requirement of a voluntary act (actus reus) for criminal liability.
  • The various mental states (mens rea) required for different crimes.
  • The distinction between specific intent and general intent crimes.
  • The doctrine of transferred intent.
  • Strict liability offenses and their application.
  • The effect of mistake and accident on criminal responsibility.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is required for criminal liability?
    1. A voluntary act or omission
    2. A motive to commit the crime
    3. A bad result alone
    4. A confession
  2. Which of the following best describes "transferred intent"?
    1. The intent to commit a crime against one person applies to the actual victim.
    2. The intent to commit a crime is transferred to a different crime.
    3. The intent to commit a crime is transferred to a co-conspirator.
    4. The intent to commit a crime is negated by mistake.
  3. Which of the following is true about strict liability crimes?
    1. They require proof of intent.
    2. They require proof of recklessness.
    3. They require only the commission of the prohibited act.
    4. They require proof of motive.

Introduction

Criminal responsibility on the MBE requires a clear understanding of when a person can be held liable for a crime. This is determined by two main elements: a voluntary act (actus reus) and a culpable mental state (mens rea). Some crimes require a specific intent, while others require only general intent or none at all (strict liability). The doctrine of transferred intent and the effect of mistake or accident are also frequently tested.

Actus Reus: The Voluntary Act Requirement

Criminal liability generally requires a voluntary act or omission. The law does not punish mere thoughts or involuntary movements.

Key Term: Actus Reus The physical act or omission that comprises the external component of a crime. It must be voluntary to support criminal liability.

Omissions as Actus Reus

A failure to act can be criminal only if there is a legal duty to act, the defendant is aware of the facts giving rise to the duty, and it is reasonably possible to perform the duty.

Mens Rea: The Mental State Requirement

Most crimes require a culpable state of mind. The required mental state varies by offense.

Key Term: Mens Rea The mental state or intent required for a particular crime. It refers to the defendant's state of mind at the time of the act.

Specific Intent and General Intent

Crimes are classified by the type of intent required.

Key Term: Specific Intent A crime that requires not just the doing of an act, but the doing of it with a particular purpose or objective.

Key Term: General Intent A crime that requires only the intent to do the act that causes the harm, not any further or special purpose.

Strict Liability Offenses

Some crimes dispense with the requirement of mens rea. For these, the mere commission of the prohibited act is enough for liability.

Key Term: Strict Liability Offenses that do not require proof of any mental state; liability is imposed solely for committing the prohibited act.

Transferred Intent

If a defendant intends to commit a crime against one person but harms another, the intent transfers to the actual victim.

Key Term: Transferred Intent The doctrine that holds a defendant liable when the intent to harm one person results in harm to another.

Mistake, Accident, and Responsibility

A mistake of fact may negate the required mens rea for some crimes, but not for strict liability offenses. Accident or involuntary acts do not create criminal liability.

Worked Example 1.1

A, intending to hit B with a rock, throws it but misses and strikes C instead, causing injury. Can A be held criminally liable for battery against C?

Answer: Yes. Under the doctrine of transferred intent, A's intent to commit battery against B is transferred to C, making A liable for battery against C.

Worked Example 1.2

X is charged with selling adulterated food, a strict liability offense. X claims he did not know the food was contaminated. Is X's lack of knowledge a defense?

Answer: No. For strict liability offenses, the prosecution does not need to prove intent or knowledge. X is liable if he sold the adulterated food, regardless of his mental state.

Exam Warning

On the MBE, do not confuse motive with intent. Motive is never required for criminal liability. Only the required mental state (mens rea) matters.

Revision Tip

If a question asks whether a person can be convicted of a crime for an involuntary act (e.g., a reflex or seizure), the answer is almost always "No." Criminal liability requires a voluntary act.

Key Point Checklist

This article has covered the following key knowledge points:

  • Criminal liability requires a voluntary act (actus reus) and a culpable mental state (mens rea), unless the crime is strict liability.
  • Omissions can be criminal only if there is a legal duty to act.
  • Specific intent crimes require a particular purpose; general intent crimes require only intent to do the act.
  • Strict liability offenses require no proof of intent or knowledge.
  • Transferred intent applies when the intended harm affects a different victim.
  • Motive is not required for criminal responsibility.
  • Mistake of fact may be a defense to some crimes, but not to strict liability offenses.

Key Terms and Concepts

  • Actus Reus
  • Mens Rea
  • Specific Intent
  • General Intent
  • Strict Liability
  • Transferred Intent
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

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