Core Principles Flashcards
Standard of proof in criminal cases?
Beyond reasonable doubt
What is the test for factual causation?
But for….
What is the test for legal causation?
‘Operating and substantial’ cause
What is the test for an intervening act of medical negligence to break the chain of causation?
‘negligent treatment was so independent of the original act, and in itself so potent in causing death, that they regard the contribution made by his acts as significant’
What is the test for an intervening act of a third party to break the chain of causation?
- Action of the third party must be ‘free, deliberate and informed’ – i.e. not self defence
What is the test for an act of the victim to break the chain of causation?
whether the escape was foreseeable by a reasonable person in the circumstances.
Proportionality between the gravity of the threat and the action of the deceased seeking to escape from it.
How does suicide break the chain of causation?
- Injuries have healed, but the victim goes on to die by suicide.
- Voluntary and informed decision of the victim to act.
General rule on omissions?
D cannot be criminally liable for a failure to act.
What are the circumstances in which the D will owe a duty of care and then be liable for an omission?
- Special relationships like parent and children
- Voluntary assumption of care
- Contractual
- Creating a dangerous situation
- Public office.
What are direct and indirect intention?
Direct intention- given its ordinary meaning
Indirect- death or serious injury was a virtual certainty as a result of D’s action and D appreciated such a case.
What is a continuing act?
Where the AR is still continuing and the MR forms during this continuation.
What is transferred malice?
D means rea is transferred from the intended harm to the actual harm.
who has legal and evidential burden for self defence?
defendant has initial evidential burden. prosecution must disprove the defence to a legal standard- beyond a reasonable doubt.
who has burden and standard for raising insanity?
defendant must prove on a balance of probabilities that he was insane at the time of the offence.
what is the legal burden and standard of proof for diminished responsibility?
legal burden on the person wanting to rely on diminished responsibility. on a balance of probabilities.
