Criminal Law Flashcards
What is a crime? Legal
Act capable of being followed by criminal proceedings having a criminal outcome, and characteristics criminal blah blah blah
What are the building blocks of criminal liability?
actus reus + mens rea= liable
actus reus + mens rea + defence= not liable
What is the harm principle?
That the only time power can be rightfully exercised over a member of a community against their will is to prevent harm to others.
What is the evidential test in prosecution?
That the prosecution must be satisfied there is sufficient evidence for a realistic conviction
What are the three elements of actus reus
conduct (+ consequences)
circumstances
causation
what is the difference between result crimes and conduct crimes?
Result crimes take into account causation and consequences to look for actus reus- like murder
Conduct crimes don’t need causation or consequences just need to prove the conduct and circumstances are guilty/actus reus
What are the two tests for causation?
Factual cause and legal cause
What is the factual cause and what test does it use? What is the legal case?
It is to see if the result occurred due to D’s actions.
The test used ids the ‘but for’ test
‘but for’ D’s actions, the event would not have occurred anyway
the legal case is White 1910
What is the legal cause? What are the 3 tests for the conduct and what are the legal cases?- Hint hunger games and Iron giant
This is to prove the event can fairly be considered D’s fault.
- conduct must be more than de minimis- Kimsey 1996 and Cato 1976
- conduct must be blameworthy- Hughes 2013
- conduct must be an operating cause- chain of c can’t be broken
What is the thin skull rule in legal cause? What are the legal cases (2)- hint: servant and colour
if the victim is unusually vulnerable, it does not break the COC, still ‘but for.’
pre-existing conditions ( Master 2007) and religion (Blaue 1975)
Legal cause: victim’s conduct? Legal cases (2) hint: Julia and Emma/Sounds like marmite
If the victim brings their own harm by attempting to escape, it does not break the COC- Roberts 1972 and Marjoram 2000
Legal cause: drug cases, legal cases (2) hint: Hunger games/President shot
if D supplies drugs to the V and V injects them and dies it may break the COC depends on circumstance- Cato again and Kennedy no.2 2007
Legal cause: Third part and Medical cases
Both may break the coc
Conduct- WHAT ARE THE 3 REQUIREMENTS FOR AN OMISSION- legal case, hint: movie about a girl and a teacher
- the offence is capable of commission by omission
- D has a legally recognised duty to act- Miller 1983
- D breached this legal duty
What is mens rea?
meaning guilty mind and referring to D’s mental state and understanding
What are some forms of mens rea/ways to measure mens rea
Intention- murder
Recklessness- criminal damage
dISHONESTY
kNOWLEDGE/belief/Suspicion- rape, handling stolen goods
Negligence gross- manslaughter
strict liability- regulatory offences
