Elements of crime

1. Why is mens rea important in most crimes?

2. Criminal liability is generally based on fault. Discuss :

(a) The meaning of actus reus

(b) How failure to protect another person can result in criminal liability

3. Daud left work at 6 pm and began driving to visit his mother who was in a hospital one hour away
from his office. He fell asleep at the wheel and his car started to drift off the pavement. When the
sound of his tires leaving the roadway woke him up, he turned the wheel sharply and wound up
crossing onto the other side of the road. He struck another car. Discuss Daud's criminal liability, if any.
4. Discuss the actus reus of the parties in the following circumstances:

(a) Paul had a fight with his landlord regarding unpaid rental. He pushed his landlord down the
stairs. The landlord was seriously injured.

(b) Jane asked Sarah to babysit her infant son, Zack, for a few days. Sarah agreed and as
consideration, Jane gave her RM600.00. Sarah needed to cook for lunch. She put Zack in the cot after
feeding him. She left the bottle on the table beside the cot. Her son, Alvin (6 years old), took the bottle
and fed Zack. Sarah rushed into the room when she heard Alvin's voice asking Zack to drink the milk.
She saw Zack turning blue and immediately took the bottle out of Zack's mouth. She rushed him to
the hospital but Zack was pronounced dead due to choking.

(c) Andy was walking his dog. He saw a group of boys bullying his schoolmate, George. Andy
decided not to get involved and walked away. An hour later, he saw an ambulance near the area where
the bullying took place. He was told that George died. He regretted his decision not to help George.

(d) Ali and Abu are 15-year old twins. Abu was watching television when he saw Ali taking a knife
and cutting himself on the wrist. Abu did not stop Ali. Ali was injured.

(e) Different terms are used to indicate the mens rea in a particular offence. With reference to
the provisions of the Penal Code and decided cases, discuss the meaning of:

(i) Intention

(ii) Knowledge

(iii) Reason to believe

(iv) Dishonestly

(v) Negligently

6. Discuss whether causation can be proven in the following circumstances:

(a) Ali and Bert were traveling in a car after attending Chloe's birthday party. Ali reminded Bert
not to speed. Bert became angry and they started fighting. Bert then shouted that he will break Ali's
neck. Ali got scared and he jumped out of the car. He fell on the road and broke his wrist. At that
moment, James, who was running from the police, grabbed Ali as his hostage. James fired a few shots
at the police. The police fired back and one of the bullet hit Ali's neck. Ali died. Discuss.

(b) Jo and Jack are on the pavement next to a busy road arguing about a debt. Jo suddenly lashes
out at Jack with his fist, breaking Jack's nose. To avoid further strikes, Jack runs into the road where
he is struck by a motorcycle. He suffers a large wound to his leg. Bleeding heavily from a severed artery
in his leg, Jack is rushed to the hospital. The doctor advised him to receive blood transfusion to save
his life. However, he refuses to have a blood transfusion due to his religious beliefs. He dies later that
day from severe blood loss. Discuss.

7. The criminal law requires a coincidence of actus reus and mens rea before an accused can be
liable for any offence. Discuss what this principle means.

8. Ah Kong overtook a car driven by Ali on the left side. As a result, Ah Kong's car grazed against
the front part of Ali's car. Ah Kong got out of his car in an angry manner and began to hurl insults at
Ali. Ah Kong then took out a steering lock from his car and walked towards Ali, hitting him on the head.
Ali passed out. Thinking that Ali was dead, Ah Kong panicked. He carried Ali into his car and later threw
Ali into the river. Ali died. The medical report states that the cause of Ali's death is drowning. Is Ah
Kong liable for Ali's death?