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A2 Law - Concepts Of Liability > Concepts of liability > Flashcards

Concepts of liability Flashcards

1
Q

What must be established to find anyone of a criminal offence?

A

The actus reus and mens rea

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2
Q

What part is the actus reus of the offence?

A

The doing part (the physical act)

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3
Q

What is an example of an actus reus?

A

Stabbing, kicking, shooting or hitting someone

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4
Q

What are the types of actus reus?

A

Action crimes
Result crimes
State of affairs
Omissions

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5
Q

Why are there different types of actus reus?

A

Because the nature of the actus reus may be different

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6
Q

What is the actus reus often referred to as?

A

The guilty act

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7
Q

What is an action crime also known as?

A

Conduct

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8
Q

What is an action crime?

A

Just an act

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9
Q

What are the consequences of an action crime?

A

Immaterial

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10
Q

What is an example of an action crime?

A

Theft, rape, possession of drugs or a firearm

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11
Q

Explain an example of an action crime…

A

The action crime of lying under oath represents the actus reus of perjury. It does not matter if the lie is believed or affected the outcome, the actus reus is complete upon the conduct of lying

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12
Q

What are result crimes?

A

When the defendants behaviour produces a result

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13
Q

What is an example of a result crime?

A

For it to be murder, the victim must have died

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14
Q

What must be established in result crimes?

A

Causation

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15
Q

What is the basic principle of causation?

A

The prosecution must prove that the defendants behaviour caused the victims death

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16
Q

Explain the basic principle of result crimes…

A

The defendants behaviour has resulted in harm to someone else. There has been a consequence/end result. However it can be difficult to establish if the defendant actually caused the end result.

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17
Q

Explain state of affairs…

A

This type of actus reus refers to ‘being’ rather than doing e.g being drunk. Someone can be convicted because they belong to an organisation or they are in a place where they are not supposed to be.

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18
Q

How can the actus reus of the defendant be involuntary?

A

If the offence falls under state of affairs

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19
Q

What does it mean by the actus reus being ‘involuntary’?

A

They may not have intended to do the ‘doing part’

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20
Q

What case illustrate state of affairs?

A

Winzar v chief Constance of Kent (1983)

21
Q

What case happened in 1983?

A

Winzar v Chief Constable of Kent

22
Q

When was the case of Winzar v chief Constable of Kent?

A

1983

23
Q

What happened in the case of Winzar v Chief Constable of Kent (1983)?

A

The defendant was brought into hospital on a stretcher. The doctor discovered he was merely drunk and asked him to leave. The police then moved him onto the highway and then charged him with being drunk on a public highway.

24
Q

What occasionally amounts to the actus reus?

A

An omission

25
Q

What is an omission?

A

Failing to act

26
Q

What is the general rule for omissions as a type of actus reus?

A

There is no liability for failing to act unless a person is under a legal duty to take a positive action

27
Q

What would be an example of an omission as a type of actus reus?

A

If a lifeguard saw a child drowning but didn’t try to save them

28
Q

What is a positive act?

A

An act which has been committed which means the defendant is criminally liable

29
Q

What must coincide?

A

The actus reus and mens rea

30
Q

What is the mens rea?

A

The persons mental state at the time of committing the offence

31
Q

What is the definition of mens rea?

A

‘The state of mind indicating culpability which is required by stature as an element of a crime’

32
Q

What is the contemporaneity rule?

A

That the actus reus and mens rea must coincide

33
Q

When do the actus reus and mens rea not coincide?

A

When there is strict liability

34
Q

What is the continuing act theory?

A

It allows all the actions of the defendant to be considered as one act

35
Q

What is the continuing act theory also known as?

A

The transaction theory

36
Q

What is the purpose of the transaction theory?

A

It makes it easier for courts to establish the actus reus because it can be difficult to know identify which exact element of the actus reus caused the death or injury

37
Q

What case is relevant to the contemporaneity rule?

A

Fagan (1969)

38
Q

What case happened in 1969?

A

Fagan

39
Q

In what year was the case of Fagan?

A

1969

40
Q

What happened in the case of Fagan (1969)?

A

A police officer was directing Fagan to park his car. Fagan drove onto the officers foot. The officer told Fagan to remove the vehicle from his foot. Fagan told the officer to ‘fuck off and wait’. He then switched off the engine. Fagan eventually turned the car on and moved.

41
Q

Explain the case of Fagan (1969) in relation to the mens rea and actus reus coinciding…

A

When Fagan first drove onto the officers foot it could be argued it was an accident and there was no mens rea
But Fagan knowingly remained on the officers foot, now meaning there was a men’s rea
The actus reus is the being on the foot
Then actus reus and mens rea now coincide

42
Q

What is the doctrine of transferred malice?

A

“Transferred intent is a legal doctrine when the intention to harm one inadvertently causes a second person harm, the perpetrator is still responsible”

43
Q

How does the mens rea change with transferred malice?

A

The mens rea of one offence can be transferred to another

44
Q

Which case related to the doctrine of transferred malice?

A

Mitchell (1983)

45
Q

What case took place in 1983?

A

Mitchell

46
Q

In what year was the case of Mitchell?

A

1983

47
Q

What happened in the case of Mitchell (1983)?

A

The defendant true to push into a post office queue. A 72 year old man old him off. The defendant punched him, the man fell into an 89 year old woman. The woman was knocked over and died a few days later of her injuries

48
Q

What was the outcome of Mitchell (1983)?

A

Mitchell was found guilty of manslaughter applying the doctrine of transferred malice

A2 Law - Concepts Of Liability (1 decks)

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