Criminal liability Flashcards
1
Q
Transferred Mens Rea
A
Mens Rea for an offence can be transferred to a different victim. e.g. go to punch someone, miss and hit someone else. cannot change to criminal damage if hit window instead though.
2
Q
Define reckless
A
The outcome of their actions was possible or probable - defendant should have foreseen this and altered their actions, but did not.
3
Q
Under what circumstances can a person be held liable for their actions when failing to do something?
A
DUTY
Dangerous situation created by defendant (accidentally start a fire but then leave)
Under statute (fail to stop)
Taken upon themselves (taken on duty to care for someone)
Young person (parents responsibility to look after child.
