Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

AQA A-level Law > Introduction To Criminal Liability P1 > Flashcards

Introduction To Criminal Liability P1 Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What is the burden of proof

A

The burden of proof lays on the prosecution to prove everything in the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the standard of proof

A

Guilty beyond reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two ways laws are made

A

Common law
Passing of an act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Which case is an example of common law

A

R V R (1991)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Which case highlighted the burden of proof

A

Woolmington V DPP (1935)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is Obiter Dicter

A

Anything other the judge says

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the Actus Reus

A

The physical element of the crime
“The guilty act”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Which two ways can the AR be committed

A

Through an act or omission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the three different types of crime involved in the AR

A

Conduct crime
Result crime
State of Affairs crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Give an example of a conduct crime

A

Drunk driving but no one gets hurt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Give an example of a result crime

A

Murder or manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a State of Affairs crime

A

The existence of a situation is enough to form the AR of a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Which two cases are examples of State of Affairs crime

A

R V Larsonneur (1933)
Winzar V CC of Kent (1983)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The AR must always be …

A

Voluntary (except for State of Affairs)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Which case shows that the AR must always be voluntary

A

Hill V Baxter (1958)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the general rule in English law for omissions

A

You have no liability for failing to act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the six exceptions to the general rule of english law for omissions

A

Duty arising from contract
Duty arising from statute
Duty voluntarily undertaken
Duty from parents to child
Duty to limit accidental harm
Duty to the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the Duty of doctors omission

A

A doctor can stop treatment of a patient if it is in the patients best interest (not going to get better)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Which case involved the Duty of doctors

A

Airedale NHS Trust V Blank (1993)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the Law commissions 1989 Draft Criminal Code do

A

Referred to AR as “external element” claiming it is more accurate as omission can be classed as guilty act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the Good Samaritan law

A

Makes a person responsible for helping other people in an emergency situation, even if they are total strangers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are the five problems with enforcing the good Samaritan law?

A

-what if medically inexperienced people try help but make it injury worse
-who decides when it is an emergency
-if several witnesses do they all have to help
-must rescuers put themselves at risk
-isn’t this the job of the emergency services

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Which case involves when a duty to act actually exists

A

R V Khan & Khan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

When is duty assumed

A

An adult is held responsible for another adult when invited into his home

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is the chain of causation

A

The chain that shows that the unlawful act of the accused actually caused the harm to the victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What are the two tests to determine the chain of causation

A

Factual causation
Legal causation

27
Q

What does factual causation do

A

States whether,in fact, the D’s actions actually caused the harm to the victim

28
Q

What is the “but for” test

A

“But for” the defendants actions would the outcome have occurred

29
Q

Which cases established and highlighted the “but for” test

A

R V White (1910) - established
R V Pagett (1983) - highlighted

30
Q

How is legal causation established

A

-The Ds acts must be more than minimal cause of death
-court asks if D acts continues to make a significant contribution to end result
- The de minimus principle

31
Q

What is a Novus Actus Interveniens

A

An independent intervening act

32
Q

What are the three types of Novus Actus Interveniens

A

Medical treatment
Vs own acts
The thin skull rule

33
Q

What kind of medical treatment breaks the chain of causation

A

Grossly negligent medical treatment

34
Q

What case shows grossly negligent medical treatment

A

R V Jordan (1956)

35
Q

Which case shows palpably wrong medical treatment

A

R V Smith (1959)

36
Q

Which case shows the medical treatment was correct and needed

A

R V Cheshire (1991)

37
Q

When does Vs own acts break the chain of causation

A

The victim caused the end result himself and his reaction was totally unforeseeable

38
Q

Which case of victims own actions broke the chain of causation

A

R V Williams (1992)

39
Q

Which case of Vs own actions did not break the chain of causation

A

R V Roberts (1971)

40
Q

What is the thin skull rule

A

You must take your V as you find them

41
Q

Which case shows the thin skull rule

A

R V Blaue (1975)

42
Q

What is Mens Rea

A

The guilty mind

43
Q

What is level of culpability

A

Level of blameworthiness

44
Q

What is the most serious Mens Rea

A

Direct intent
Where the defendant desires the outcome

45
Q

What is the second most serious Mens Rea

A

Oblique intent
The defendant doesn’t desire the outcome but it is virtually certain

46
Q

Which case shows direct intent

A

R V Mohan (1976)

47
Q

Which case shows oblique intent

A

R V Woolin (1998)

48
Q

What is the third most serious Mens Rea

A

Recklessness
When the defendant knows the risk and takes it

49
Q

What kind of test is recklessness and what is it

A

Subjective- requires the defendant to know the consequences of his actions

50
Q

Which case shows recklessness

A

R V Cunningham (1957)

51
Q

What is the last Mens Rea

A

Negligence
Fails to reach the standard of the reasonable man

52
Q

What kind of test is Negligence and what is it

A

Objective test
Compare defendant behaviour to that of a reasonable man

53
Q

What case shows negligence

A

R V Adamako (1994)

54
Q

What is transferred malice

A

The D has the Mens Rea for one crime but commits the AR of the same crime but not the way they expected

55
Q

Which case established transferred malice

A

R V Latimer (1886)

56
Q

Which case highlights transferred malice

A

R V Mitchell (1983)

57
Q

When can transferred malice only be applied

A

Can only be used to shift intent for the same type of offence

58
Q

Which case shows transferred malice not occurring

A

R V Pembliton (1884)

59
Q

For liability to be established it must be shown that

A

The defendant possessed the necessary men’s Rea at the time the actus reus was committed

60
Q

Who are the only exception to the rule of MR and AR at the same time

A

Killers

61
Q

What is it called when AR comes before MR

A

Continuing act

62
Q

What case shows AR before MR

A

Fagan V MPC (1968)

63
Q

What is it called when MR comes before AR

A

Series of events

64
Q

Which case shows MR before AR

A

Thabo Meli V R (1954)

AQA A-level Law (38 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions