2.1 Rules And Theory (Criminal) Flashcards
Define crime
The act prohibited with penal consequences
What are the elements of criminal liability?
Actus reus - the act.
Mens rea - intention
What are the 2 categories of defences?
Mental capacity defences - insanity, automatism, intoxication
General defences - self defence, duress, necessity, consent
What is burden of proof?
Innocent until proven guilty
Burden of proof is on the prosecution
What is standard of proof?
Prosecution must provide evidence “beyond all reasonable doubt”
What is the reverse onus?
When the defendant has to prove their innocence, for example:
- when pleading not guilty by insanity
Define diminished responsibility
Partial defence to murder where the unlawful killing occurs due to abnormality of mental functioning