6 Flashcards
Define Wilfully frightening
Wilfully frightening is regarded as intending to frighten, or at least be reckless as to this. Adams on criminal law.
Explain R v Horry
Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt - that the circumstantial evidence should be cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can facts be accounted for.
What is held in R v Harney
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.
What are the legal duties of a parent/guardian under section 152 of the crimes act 1961?
Every one who is a parent, or is a person in place of a parent, who has actual care of charge of a child under the age of 18 years is under a legal duty:
(a) To provide that child with necessaries; and
(b) To take reasonable steps to protect that child from injury.
What are the ingredients of section 154 of the crimes act 1961 abandoning a child under six?
Everyone is liable to imprisonment for a term not exceeding seven years who unlawfully abandons or exposes any child under the age of six years
Outline the culpability for children under 10 and children 10 to 13 years
under 10- A child aged under 10 years has an absolute defence to any charge brought against them. Nevertheless even though the child cannot be convicted, you still have to establish whether or not they are guilty.
10-13yrs- for children aged between 10 and 13 years inclusive, it must be showing that the child knew the act was wrong or contrary to law. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.
Define insanity by completing the sentence
No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or dresses of the mind to such an extent as to render him in capable
(A) of understanding the nature and quality of the act or omission, or
(B) of knowing that the act or omission was morally wrong, having regard to the commonly excepted standards of right and wrong.
What was held in R v Cottle (Burden if proof of insanity)
As Two degrees of proof, it is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt
What was held in R v Lipman?
Where automateism is brought about by a voluntary intake of alcohol or drugs the court may be reluctant to except that the actions were involuntary or that the offender lacked intention
What is a strict liability offence?
Any offence that does not require an intent is called a strict liability offence and the only way a defendant can escape liability for such an offence is to prove a total absence of fault
