Foundations Of Criminal Law Flashcards
What is the mens rea of an offence?
The mental element of the crime
What is the actus reus of an offence?
It is the behaviour which the law forbids (the forbidden act)
What can the actus reus of a crime be?
An…
- act
- omission
- state of affairs
Give examples of crimes which require the prosecution to prove that the accused caused something to occur
- murder
- vandalism
- culpable homicide
When can art and part liability arise?
- If those involved have a prior plan to commit a crime
- or by way of a spontaneous coming together
In Hogg v MacPherson, the accused…
Was ultimately acquitted because there was no voluntary act on his part
If Meg tries to punch Betty, but Betty ducks and Meg’s fist hits Shona, what Meg guilty of?
Assaulting Betty and Shona
Andrew leaves his jacket in a clock room. Mark riffles through the pockets of Andrew’s jacket, hoping to steal his wallet. Andrew took his wallet out of his jacket, before hanging it up in the cloakroom.
What is Mark guilty of?
Attempted theft
Jamal asks Fatima to help her kill Amal. Fatima is appalled and tells Jamal that she will not help her do such a terrible thing.
What is Jamal guilty of?
Incitement to commit murder.
If Audrey, Bob and Chris plan to beat up Shaun, but instead, Bob pulls out a knife and stabs Shaun repeatedly, killing him, Audrey and Chris may not be liable for Shaun’s murder, if Bob has gone beyond the scope of their common plan.
True or False?
True
