Definition of Offence

Introduction

Every criminal offence is built from two elements: the **actus reus** (the external, physical element) and the **mens rea** (the internal, mental element). This opening chapter of Criminal Law and Practice equips you with the **analytical framework** on which the whole of FLK2 criminal law depends: the **sources** of criminal law, the anatomy of the **actus reus** (including **omissions** and **causation**), the families of **mens rea** (intention, recklessness, negligence), the doctrines of **transferred malice** and **coincidence** of actus reus and mens rea, and how these principles are examined in the SQE1 FLK2 single best answer questions.

Assessment focus

Criminal Law and Practice is tested in **FLK2**. Between **10% and 18%** of the total FLK2 questions are on Criminal Law and Practice. Every question is a **single best answer (SBA)** scenario: you are given a short factual scenario, usually written from the perspective of a solicitor advising a client, and asked which **ONE** of five options (A–E) is correct. There is **no negative marking**, so always answer every question. Criminal Law MCQs tend to fall into three types: the **offence-identification** question, the **element-in-issue** question, and the **defence** question. All three reward disciplined application of the framework in this chapter: identify the offence, separate **actus reus** from **mens rea**, apply the **causation** rules to result crimes, check **coincidence** and **transferred malice** where relevant, and consider defences only **after** the offence has been made out.

Study tips

1) Memorise that the prosecution must prove **both** actus reus and mens rea **beyond reasonable doubt** (Woolmington v DPP [1935] AC 462). 2) Know that **murder, manslaughter and common assault are common law offences** — no Act defines murder. 3) Learn the **six duty categories** for omissions (statute, contract, special relationship, voluntary assumption, creation of danger, public office). 4) Master the **two limbs of causation** ('but for' + 'substantial and operating') and the rule that **bad medical treatment (Smith/Cheshire) does not break the chain**; **Jordan** is the rare exception. 5) Distinguish **direct intention** (aim/purpose) from **oblique intention** (the **Woollin** virtual-certainty test) and remember recklessness is the **subjective** **R v G** test. 6) Always work the framework **in order**: actus reus → mens rea → coincidence → causation → defences.