Criminal & Legal Principles Flashcards
What is Men’s Reas?
Latin for “guilty mind.” The culpable state of mind most criminal statutes require the government to prove as an element of the crime beyond a reasonable doubt. For example, a statute may require that a person act either: Knowingly. Purposefully. Recklessly.
What is Actus Reus?
Actus reus refers to the physical parts of the crime (the guilty act). The actus reus elements of a crime can be categorised into three types: conduct; consequences; and. circumstances.
What do malicious mean?
Deliberate/thought about it
What is Automatism when used as a defense?
Bodily movement- not consciously controlled.
E.g. sneezing /stroke /heart attack
What is consent in defence?
The defence of consent in criminal law may operate to defeat an element of actus reus of a crime, thus render the action lawful as opposed to unlawful.
Cannot withdraw consent AFTER offence. CAN withdraw DURING offence.
Eg. Consent to assault. During sport like boxing/rugby/sex/play fighting
Accepting you may get injured
What is a mistake in defence?
Genuine mistake can be an offence. Didn’t mean to hurt/inflict/didn’t know the law/accidental
What is self defence?
- Common Law
- S3 criminal law act
- S76 criminal justice act and immigration act 2008
- S117 police & criminal evidence act 1984
What is duress as a defence?
Threat- if you don’t do this, this will happen
- threat to death/harm
Threat is so great as to overbear the Threat to circumstances
What is insanity as a defence?
McNaughtons rules
1. Insanity before trail
2. Unfitness to plead
3. Insanity at the time of offence
What is intoxication as a defence?
Voluntary- you intoxicated by choice
Involuntary - drugged/spiked
No general defence can remove men’s reas
What is specific & basic intent?
Knowledge that the result will occur.
Basic intent is offence, maybe committed intentionally, it recklessly
What is infancy- age of criminal responsibility?
S50 Children & Young persons act 1933
A person under the age of 10 is considered non punishable.
If someone is 18 with a mental age of 7, it goes off physical age with mental age as a defence. It doesn’t affect the investigation.
What is an Incgonate offence?
Incomplete offence.
E.g shooting an individual to kill them but doesn’t work- attempt murder
