General Elements (Criminal Law ) Flashcards
Actus reus meaning?
Is the guilty act
(this can be an action omission or state of being )
Mens Rea meaning
Guilty mind
Strict liability offence
A offence where D can be found guilty even if they didn’t have the men’s Rea ( pharmaceutical society of GB V stork wain Ltd ) D did not know he was selling prescription to people with fake prescriptions
Conduct crimes are?
Crimes where the actual act is the crime it doesn’t need a harmful result (driving without a license )
Causation
Looking at whether the D’s conduct derelict led to the consequences in question
Factual causation
Is the but for test ( R V white ) ( r v pagget)
Legal causation
Operating and substantial cause more than minimal (R V Kimsey )
intervening acts?
1) victims own actions (R v Robert’s)
2) third party acts (r v Jordan)
3) acts of God