FLK2 criminal law: actus reus

Question 1

who has the responsibility to prove the case in a criminal field?

Answer 1

prosecution (P) has responsibility to prove the case against the D

Question 2

burden of proof in a criminal case?

Answer 2

P has LEGAL burden to prove D’s guilt

Question 3

what is the standard of proof required in a criminal trial?

Answer 3

P must prove case BEYOND A REASONABLE DOUBT

Question 4

what must P do re evidence in criminal trials?

Answer 4

P must provide evidence for each element of the crime

Question 5

does the D usually have to prove anything in a criminal case?

Answer 5

no, D usually does not have to prove anything, but in some cases, like defence of diminished responsibility, they must

Question 6

what is the standard of proof for the D when they must prove something, like diminished responsibility?

Answer 6

D must prove it on a balance of probabilities, meaning it is more likely that not

Question 7

if D raises a defence, what must they do?

Answer 7

D must present evidence to support the defence

Question 8

what happens after the D presents evidence for their defence?

Answer 8

P must disprove defence beyond a reasonable doubt

Question 9

what must the P prove about the AR of a crime?

Answer 9

the physical elements of the crime

Question 10

what does AR include?

Answer 10

D’s actions or failure to act

Question 11

in some cases, what else must P prove beyond D’s actions?

Answer 11

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

Question 12

what are state of affairs offences?

Answer 12

rare crimes where P only needs to prove that certain circumstances existed, w/o needing to show the D did anything specific

Question 13

do most crimes require proving the D’s actions + circumstances?

Answer 13

yes, most crimes require proving both D’s actions + certain circumstances or consequences

Question 14

is there usually liability for failing to act in criminal law?

Answer 14

no liability for failing to act eg not doing something

Question 15

any exceptions where failing to act can be criminal?

Answer 15

yes. statutory exceptions + common law exceptions

Question 16

what are some statutory offences where failing to act is a crime?

Answer 16

not stopping after a car accident

Question 17

common law exceptions where failing to act can be criminal?

Answer 17

situations where D has duty to act like:

1. contractual duty: if D has agreed to do something + fails
2. special relationship: eg a parent has a DOC for their child
3. voluntary assumption of responsibility: if someone voluntarily takes on the responsibility for caring for someone else + neglects that duty
4. created dangerous situation: if D causes dangerous situation, they have a duty to take steps to prevent harm

Question 18

what is crucial in result crimes like murder?

Answer 18

proving causation is crucial

Question 19

what is factual causation?

Answer 19

“but for the D’s actions, would the result eg death have happened?

answer: no?
then FC is established

Question 20

what is legal causation?

Answer 20

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

Question 21

what does “operating + substantial cause” mean in legal causation?

Answer 21

D’s actions must be an operating + substantial cause of the consequence eg death

Question 22

does the D have to be the sole cause of death to be responsible?

Answer 22

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

Question 23

what does “take ur victim as u find them” mean?

Answer 23

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.