criminal liability

Question 1

what are the 3 methods the state uses to describe criminal behaviour

Answer 1

acts of parliament/statutes
creation of law by judges
interpretation of law via judges

Question 2

what are examples of acts of parliament

Answer 2

theft act 1968
OAPA 1861

Question 3

what are the 3 elements of criminal liability

Answer 3

mens rea
actus reus
strict liability

Question 4

what is mens rea

Answer 4

the mental element of the crime

Question 5

what is the actus reus

Answer 5

the physical act itself

Question 6

what is a strict liability case

Answer 6

crime only needs actus reus to be criminal

Question 7

what does cps do

Answer 7

prepare all cases and bring them to justice

Question 8

finish the sentence ‘innocent until _____’

Answer 8

proven guilty

Question 9

who is the burden on in criminal cases

Answer 9

prosecution

Question 10

what is beyond all reasonable doubt

Answer 10

proof of the crime

Question 11

in insanity cases who has responsibility

Answer 11

defendant

Question 12

what is this called

Answer 12

reverse onus

Question 13

what is the standard of proof in reverse onus cases

Answer 13

balance of probability

Question 14

what is a conduct crime

Answer 14

when the action forms the offence and no conseqeunce is required
eg.dangerous driving

Question 15

what is a consequence crime

Answer 15

when something happened in order for a crime to be committed
eg.murder

Question 16

what must an act/omission be

Answer 16

voluntarily carried out/if proof of being out of control then they lack the actus reus

Question 17

what case law supports voluntary acts

Answer 17

R v Hill v Baxter

Question 18

what are the facts of this case

Answer 18

failed to ignore a stop sign and crashed his van

Question 19

what is state of affairs

Answer 19

when a defendant has been convicted even though they acted involuntary/against their will

Question 20

what is an omission

Answer 20

failing to act

Question 21

what are the 5 reasons an omission can lead to an offence

Answer 21

an act of parliament creates an offence involving an omission
contractual duty to act exists
duty exists because of relationship
duty to act arises as consequence of position
duty to act arises as defendant has set of chain of events

Question 22

what case law supports contractual duty

Answer 22

R v Pittwood

Question 23

what are the facts of this case

Answer 23

railway keeper failed to close gate and was guilty of manslaughter

Question 24

what case law supports duty of relationship

Answer 24

R v Gibbins v Proctor

Question 25

what are the facts of this case

Answer 25

childs father failed to feed him and he died of starvation

Question 26

what case law supports chain of events

Answer 26

R v Miller

Question 27

what are the facts of this case

Answer 27

squatter fell asleep and cigarette set it on fire

Question 28

what is an involuntary act

Answer 28

when someone suffers something that led to an action such as a seizure