2.1 Rules of Criminal Law Flashcards
1
Q
Define actus reas and mens rea
A
actus reus - a guilty act
mens rea - a guilty mind
- these 2 must occur at the same time for the crime to have been committed.
2
Q
What are the defences called that can be used for a defendant who has both actus reus and mens rea
A
General defences
3
Q
General defences can be split into 2 catagories, what are these
A
Capacity defences and Necessity defences
4
Q
What are capacity defences
A
where defendant could not form the mens rea
5
Q
what are Necessity defences
A
Defendant did form the mens rea, but has an ‘excuse’ for doing
6
Q
What is the burden of proof in criminal law
A
It’s on the procecution to provide evidence that the defendant has both actus reus and mens rea
