2.1 Rules And Theory (Criminal) Flashcards
1
Q
Define crime
A
The act prohibited with penal consequences
2
Q
What are the elements of criminal liability?
A
Actus reus - the act.
Mens rea - intention
3
Q
What are the 2 categories of defences?
A
Mental capacity defences - insanity, automatism, intoxication
General defences - self defence, duress, necessity, consent
4
Q
What is burden of proof?
A
Innocent until proven guilty
Burden of proof is on the prosecution
5
Q
What is standard of proof?
A
Prosecution must provide evidence “beyond all reasonable doubt”
6
Q
What is the reverse onus?
A
When the defendant has to prove their innocence, for example:
- when pleading not guilty by insanity
7
Q
Define diminished responsibility
A
Partial defence to murder where the unlawful killing occurs due to abnormality of mental functioning
