Basic Principles of Criminal Liability Flashcards
what is a crime
“an action or omission which constitutes an offence and is punishable by the law”
what is common law
is law that is formed based on judicial precedent
what is meant by actus reus
the conduct/action of the offence
what is the mens rea of a crime?
Mental element of the act.
what did Ferguson Macdonald say about mens rea?
“An act is not criminal unless the mind is also criminal”
what is meant by the term ‘causation’
the link between the accused’s action and the resulting crime.
give a case example of causation
Kimminds v Normand 1993 “there was a causal connection between the denial and end result”
what is the phrase for intervening act, and what does it mean?
novus actus interveniens, the intervening act that breaks the chain of causation and diverts criminal liability
