Criminal Law Flashcards

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1
Q

Elements of conduct of victim?

A

Establish chain of causation in injury/death. Was D a significant contributor? Is V’s conduct reasonably foreseeable? Does it break the chain?

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2
Q

Is D responsible if V injects heroin delivered by D

A

If D is not present, then no, because adults of sound mind are autonomous

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3
Q

Is D responsible if they stabbed V, V healed but then aggravated own wounds and died?

A

Yes, D’s conduct was a significant contribution, V’s actions do not break chain.

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4
Q

What is required to be an accessory?

A

Assistance or encouragement, ‘but for’ causation not required

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5
Q

Which mens reas can accessories have?

A

Intention or knowledge, not recklessness or negligence

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6
Q

How much knowledge is required?

A

Just of type of offence, don’t need to know exact time, place, location etc.

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7
Q

Direct intention

A

intent to cause consequence, doesn’t matter how likely consequence is

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8
Q

Indirect/oblique intention

A

Did not desire consequence, but may have foreseen it. Probability of consequence affects foreseeability, but that’s for jury.

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9
Q

Subjective recklessness

A

aware of risk, aware of result, is taking the risk reasonable? Have to prove that D was personally aware.

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10
Q

reasonableness

A

is the risk justified?

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11
Q

What affects autonomy?

A

Age, mental ability NOT intoxication

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12
Q

Objective recklessness?

A

Would a reasonable person see the consequence and risk?

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13
Q

Malice

A

requires intent to cause relevant harm

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14
Q

Wilfully

A

Covers intention and recklessness

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15
Q

Knowledge

A

same as intention, but doesn’t matter whether it is direct or indirect, need correctness of belief

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16
Q

Belief

A

same as knowledge but doesn’t have to be correct

17
Q

Negligence

A

failure to comply with standards of a reasonable person

18
Q

Transferred mens rea

A

D swings A but misses and hits V, still responsible. But mens rea for one offence cannot be transferred to another offence.