2.1 Rules And Theory (Criminal) Flashcards

1
Q

Define crime

A

The act prohibited with penal consequences

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2
Q

What are the elements of criminal liability?

A

Actus reus - the act.

Mens rea - intention

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3
Q

What are the 2 categories of defences?

A

Mental capacity defences - insanity, automatism, intoxication

General defences - self defence, duress, necessity, consent

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4
Q

What is burden of proof?

A

Innocent until proven guilty

Burden of proof is on the prosecution

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5
Q

What is standard of proof?

A

Prosecution must provide evidence “beyond all reasonable doubt”

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6
Q

What is the reverse onus?

A

When the defendant has to prove their innocence, for example:

  • when pleading not guilty by insanity
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7
Q

Define diminished responsibility

A

Partial defence to murder where the unlawful killing occurs due to abnormality of mental functioning

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