General Flashcards
Strict liability
No need to prove men’s rea
Traffic offences
Possession of weapon
Specific intent
Defendant had specific intention to create specific consequence at time of committing the criminal act
Murder burglary s 18 w intent
Negligence
Was the defendant negligent In accordance with the ordinary standards of reasonable and honest person
(Manslaughter)
Intent
If the defendant had the intention they wanted a consequence to occur
At the time of the act there was a probability of a consequence
The greater the probability the more likely the defendant foresaw the consequence
If the defendant foresaw consequence more likely they intended it to happy
Recklessness
Recklessness is subjective
If defendent did not see risk when they acted they cannot be reckless
Dishonest
Dishonest in accordance to the ordinary standatds of reasonable and honest person
Transferred malice
Crime committed MUST be same as crime intended
Duty to act
Dangerous situation- accidentally starts fire in house doesn’t make any effort to put it out
Under statute- contract or public office ie police officer
Taken it upon themselves to carry out a duty ie duty of care for sister then sister dies for failing to care
Young person- obligation for parent to care for child. (MUST BE CONNECTED CHILD)
Chain of causation
Must be proven that the consequence would not have happened but for the defendants act or omission under their own free will
Defendent must take the victim as they found them. If victim has condition that makes consequences of the act worse- this is bad luxk
Chain of causation
Must be proven that the consequence would not have happened but for the defendants act or omission under their own free will
Defendent must take the victim as they found them. If victim has condition that makes consequences of the act worse-ie elderly person has house broken into and next day had heart attack from shock- burglar had caused death
The chain of causation can be broken by a new intervening act if the new act is:
Free deliberate and informed
Becomes the operating and substantial cause of death
Chain of causation
Medical acts that are accepted practice will not break the chain of causation however incorrect treatment (known allergic drug reaction) is a new act and will break the chain
Chain of causation examples
Hitchhiker picked up
Driver tried to rob him
Hitchhiker jumped out of moving car and died
Deemed jumping out the moving vehicle was daft and ott for the circumstances
Principle offender
Meets all requirements of offence in question
Actus Reus
Men’s rea
Accessory is an offender who had assisted the offence by
Aiding (helping at the scene)
Abetting (encouraging at the scene)
Counselling(advising prior to offence)
Procuring (bringing about offence prior to commission)
An accessory can withdraw from the commission of the offence if there is clear withdrawal some time before the commission of the offence
Still liable if only flee at last moment
Summons can be issued by
Magistrates or clerk on their behalf
What is a summons
A written order requiring a person to attend a named court at a specific date and time to answer the offence or give evidence as a witness
What is a requisition
Requires a person to appear before a magistrates court to answer a written charge
Serving a summons or requestion to an individual-
Handed to them
Left an address believed they will receive it
Posting 1st class to address believed they will receive it
Handed to legal rep
Serving a requesting or summons to a corporation
Handing to senior position holder
Leaving it at principle office
Posting 1st class to principle office
Positing to business address handing it to legal rep
Arrest warrant
Over 18
Issued by mags where they are satisfied that it is in the interest of justice to secure attendance
Not the magistrates clerk!!
Offence is punishable by imprisonment or for a witness who attendance needs securing
Who can execute a warrant
Person who directed teh warrant
A constable in their police area
Civilian officers or approved enforcement agencies
