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Law > Criminal Liability Facts > Flashcards

Criminal Liability Facts Flashcards

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1
Q

What is Actus Reus

A

The physical element to a crime

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2
Q

What is meant by the voluntary nature of Actus Reus

A

The act must be voluntary and d must have control over own actions

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3
Q

What is meant by state of affairs

A

The d acted involuntarily but the state of affairs makes the defendant responsible enough

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4
Q

What are the 6 omissions of Actus Reus

A

Statutory duty
Contractual duty
Duty via relationship
Duty taken voluntarily
Duty via one’s official position
Duty via a chain of events the d set in motion

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5
Q

How can actus Reus exist through an omission

A

Through a duty existing where the d has to act

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6
Q

What is causation

A

The prosecution must prove the harm was caused by the d’s act

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7
Q

How is causation proved?

A

Factual cause
Legal cause
Chain of causation/intervening acts

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8
Q

What is factual cause

A

But for test
But for the d’s acts the v would not have suffered harm

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9
Q

What is legal cause

A

The link between the act and consequence creates the chain of causation, established by the operating and substantive cause

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10
Q

What is meant by operating and substantive cause

A

The d’s original act must be the reason for v’s harm

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11
Q

What are the intervening acts

A

3rd party intervention
Victims pen acts
A natural but unpredictable event

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12
Q

What is the thin skull rule

A

Take your victim as you find them

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13
Q

What is victims own act

A

If the d causes the v to act unpredictably, the v’s acts must be reasonable

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14
Q

What is 3rd party intervention

A

Medical treatment can break the chain of causation if it is so independent that the d’s acts are insignificant

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15
Q

What is meant by life support machines

A

Switching off a life support machine cannot break the chain of causation

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16
Q

What is Mens area

A

The guilty mind and intention behind the act

17
Q

What types of intention are there

A

Direct intent
Oblique/indirect intent
Recklessness

18
Q

What is direct intent

A

The d intended the act and specific consequence

19
Q

What is oblique/indirect intent

A

The d intended the act but not the actual consequence

20
Q

How do we distinguish between direct and indirect intent

A

Was the consequence a virtual certainty

21
Q

What is recklessness

A

The d knows of risk of consequence but takes it anyway

22
Q

What is transferred malice

A

D can be guilty if they intended crime but against different victim
Can transfer person to person not object to person

23
Q

What are the principles for the coincidence rule

A

Transaction principle
Continuing act principle

24
Q

What is meant by coincidence rule

A

For a crime to exist the actus Reus and Mens Rea must be present at the same time

25
Q

What is the transaction principle

A

A series of related acts that constitute as a single act and the mens Rea is squires at some point

26
Q

The continuing act principle

A

There is a continuing act for the actus Reus and at some point the mens Rea is acquired

27
Q

What is the actus Reus for assault

A

Causing victim to apprehend immediate unlawful violence

28
Q

What is the mens rea for assault

A

Intention or
Recklessness

29
Q

What is the Actus Reus for battery

A

Unlawful application of force

30
Q

What is the Actus Reus for ABH

A

Assault (must be proven)
Occasioning
ABH

31
Q

What is the Actus Reus for GBH

A

Wounding - 2 layers of skin or
Causing GBH - really serious harm

32
Q

What is the Actus Reus for GBH with intent

A

Wounding - 2 layers of skin or
Causing GBH - really serious harm

33
Q

What is the Mens Rea for Battery

A

Intention or
Recklessness

34
Q

What is the Mens Rea for ABH

A

Intention or
Recklessness

35
Q

What is the Mens Rea for GBH

A

Intention or reckless
To SOME harm

36
Q

What is the Mens Rea for GBH with intent

A

Specific intent to GBH
Or resisting arrest

Law (16 decks)

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