crim 201 Flashcards
1
Q
sources of legal doctrine
A
- legislation
- case law
- value judgements of the community
2
Q
elements of a crime
A
- actus reus
- mens rea
- concurrence
3
Q
types of defences
A
- i did not commit the offence (actus reus and mens rea)
2. formal defences (ie self defence)
4
Q
formula for a crime
A
actus reus + mens rea (and a lack of defence) = crime
5
Q
what can be included in actus reus?
A
- conduct crimes eg assault
- consequence crimes (requires cause and consequence) eg murder
- status crime eg possesion
- circumstances eg rape
- omissions eg failure to fulfill duty
6
Q
what can be included in mens rea?
A
- intention (desire or knowledge that it is a virtually certain consequence of their actions)
- knowledge (consciously accept the circumstance)
- recklessness (knowledge that it is a probable outcome)
- negligence (a reasonable person would have been aware of the risk)
7
Q
subjective or objective mens rea
A
subjective mens rea = to do with the state of mind of the accused
objective = accused judged by standards other than themselves (ie reasonable person)
8
Q
strict vs absolute liability
A
strict liability = no mens rea requirement but has the defence of due diligence
absolute liability = no mens rea requirement and no defence of due diligence
9
Q
actus reus, the voluntary conduct principal
A
- kilbride v lake 1962
- Tifaga v department of labour 1980
- Ryan v R 1967
10
Q
actus reus omissions
A
- R v Evans 2009 when a person has created or contributed to the creation of a state which he knows, or ought to reasonably know, has become life threatening, a consequence duty on him to act by taking reasonable steps to save the other’s life will normally arise.
- R v Witika 1993 where there is , by reason of a relationship, a positive duty to intervene then…deliberate failure to exercise that duty to take steps to avoid the commission of the offence…may be enough…as amounting to encouragement.
