CRIMIINAL LIABILITY Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is the general rule?

A

generally speaking before a crime is committed the actus reus and mens rea must be present or coincide. however ther 2 exceptions to the general rule.

  1. strict liability
  2. absolute liability
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is strict liability?

A

strict liability is at least part of the acteus reus of a crime where there is no requirement to establish mens rea. or even regulation neglience.

egs 1. dangerous driving
2. possession of a firearm not
being the holder of F.U.L
3. Possession of an Offensive
weapon in a public place.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is aboslute liability?

A

a crime where the mens rea is not required at all, not even to the extent of requiring a voluntery actus reus.

Egs. -
1. possession of a dangerous drug
within 500m of school premises\
2. possession of an apparatus

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is vicarious liability?

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

administrative classification

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly