Definitions

Question 1

Latin for actus reus and mens rea

Answer 1

Actus non facit reum nisi mens sit rea

Question 2

What is the actus reus?

Answer 2

the forbidden situation

Question 3

What is the mens rea?

Answer 3

the mental element

Question 4

Attempts

Answer 4

Where the accused has gone from the from the preparation of the crime to actual perpetration

Question 5

Conspiracy

Answer 5

an agreement between two or more persons to commit a crime or crimes, intending to carry out that crime(s)

Question 6

Incitement

Answer 6

inviting another to enter a conspiracy or commit a crime, with the intention that the other will carry out that crime

Question 7

Murder

Answer 7

causing the death of another human being, having (wickedly) intended to kill or through “wicked recklessness”

Question 8

Involuntary Culpable Homicide

Answer 8

causing the death of another human being, with a mens rea that falls short of murder, but is nonetheless regarded as criminal

Question 9

Voluntary Culpable Homicide

Answer 9

causing the death of another human being, having intended to kill (etc.) but having been PROVOKED or suffering from DIMINISHED RESPONSIBILITY

Question 10

Assault

Answer 10

an attack on the person of another done with intent to cause personal injury, or intending to place another person in a state of fear or alarm for his/her safety

Question 11

Aggravated Assault

Answer 11

assault with intent to rape; assault to the danger of life; assault to severe injury; assault to permanent disfigurement; assault to the permanent impairment of sight; assault with a weapon; hamesucken

Question 12

Theft

Answer 12

the appropriation of property belonging to another without consent, and with intent deprive the person of his or her property

Question 13

Aggravated Forms of Theft

Answer 13

theft by opening a lock fast place; theft by housebreaking; housebreaking with intent to steal

Question 14

Reset

Answer 14

being privy to the retention of goods which have been dishonestly obtained by another, knowing that the goods have been stolen, or being wilfully blind

Question 15

Embezzlement

Answer 15

misappropriation of goods to which the accused had been entrusted, intending to deprive the owner of the goods

Question 16

Fraud

Answer 16

the obtaining of a practical result by means of a false pretence, intending to achieve that result

Question 17

Robbery

Answer 17

theft accomplished by violence or threats of violence

Question 18

Extortion

Answer 18

the obtaining of property or some other advantage by means of illegitimate threats or demands, intending to deprive the owner of the property, or to gain the advantage

Question 19

Malicious Mischief/Malicious Damage

Answer 19

the wilful or reckless causing of damage to property belonging to another

Question 20

Fire-Raising

Answer 20

Wilful fire-raising: intentionally setting on fire property belonging to another.

Culpable and reckless fire-raising: as above but with a mens rea of recklessness

Question 21

Breach of the Peace

Answer 21

behaviour which is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community, where the accused does the act (which causes, or has the potential to cause disturbance) intentionally