FLK2 criminal law: actus reus Flashcards
who has the responsibility to prove the case in a criminal field?
prosecution (P) has responsibility to prove the case against the D
burden of proof in a criminal case?
P has LEGAL burden to prove D’s guilt
what is the standard of proof required in a criminal trial?
P must prove case BEYOND A REASONABLE DOUBT
what must P do re evidence in criminal trials?
P must provide evidence for each element of the crime
does the D usually have to prove anything in a criminal case?
no, D usually does not have to prove anything, but in some cases, like defence of diminished responsibility, they must
what is the standard of proof for the D when they must prove something, like diminished responsibility?
D must prove it on a balance of probabilities, meaning it is more likely that not
if D raises a defence, what must they do?
D must present evidence to support the defence
what happens after the D presents evidence for their defence?
P must disprove defence beyond a reasonable doubt
what must the P prove about the AR of a crime?
the physical elements of the crime
what does AR include?
D’s actions or failure to act
in some cases, what else must P prove beyond D’s actions?
some crimes like murder: P must prove a result eg V’s death
or prove certain circumstances: P must prove lack of consent in SA, lack of consent
what are state of affairs offences?
rare crimes where P only needs to prove that certain circumstances existed, w/o needing to show the D did anything specific
do most crimes require proving the D’s actions + circumstances?
yes, most crimes require proving both D’s actions + certain circumstances or consequences
is there usually liability for failing to act in criminal law?
no liability for failing to act eg not doing something
any exceptions where failing to act can be criminal?
yes. statutory exceptions + common law exceptions
what are some statutory offences where failing to act is a crime?
not stopping after a car accident
common law exceptions where failing to act can be criminal?
situations where D has duty to act like:
- contractual duty: if D has agreed to do something + fails
- special relationship: eg a parent has a DOC for their child
- voluntary assumption of responsibility: if someone voluntarily takes on the responsibility for caring for someone else + neglects that duty
- created dangerous situation: if D causes dangerous situation, they have a duty to take steps to prevent harm
what is crucial in result crimes like murder?
proving causation is crucial
what is factual causation?
“but for the D’s actions, would the result eg death have happened?
answer: no?
then FC is established
what is legal causation?
proving that the D’s actions were a more-than-minimal cause of the result eg death, but they don’t have to be the only cause
what does “operating + substantial cause” mean in legal causation?
D’s actions must be an operating + substantial cause of the consequence eg death
does the D have to be the sole cause of death to be responsible?
no, D doesn’t have to be sole cause of death. they can still be held responsible even if someone else contributed to the death
what does “take ur victim as u find them” mean?
means that D must accept the V as they are, including any unusual characteristics eg medical condition, and can’t use these characteristics to avoid responsibility for the consequence.
