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Law paper 1- criminal > Key principles > Flashcards

Key principles Flashcards

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1
Q

What is a crime?

A

Committing an act against the state

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2
Q

What is the defendant?

A

The person in the wrong

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3
Q

What is the victim?

A

The person the act was committed against

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4
Q

What are the elements of a crime?

A

AR+ causation+ MR= liable

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5
Q

What is the actus reus?

A

A guilty act
The physical act of committing the crime

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6
Q

What is an omission?

A

Being liable due to failure to act

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7
Q

What are the elements of causation?

A

causation in fact+ legal causation- NAI= guilty

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8
Q

What is causation in fact?

A

the ‘but for’ test

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9
Q

What are the 3 elements of legal causation?

A

Morally responsible
More than minimal cause
Accelerated death

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10
Q

What are novus actus interveniums?

A

Acts that break the chain of causation

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11
Q

What are the 3 types of NAI?

A

Act of victim
Act of 3rd party
An intervening event

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12
Q

What are eggshell conditions?

A

A weakness meaning that the V was more likely to die or be seriously injured

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13
Q

Do eggshell conditions break the chain?

A

Never

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14
Q

What did the case of Blaue say about eggshell conditions?

A

You must take your victim as you found them

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15
Q

What is the mens rea?

A

A guilty mind and if they intended to cause the crime

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16
Q

What are the 5 types of mens rea?

A

Direct intent
Oblique intent
Recklessness
Negligence
Transferred malice

17
Q

What is direct intent?

A

Having the aim and desire to produce a certain result (Mohan)

18
Q

What is oblique intent?

A

where the D intends one thing but something else occurs but it is virtually certain that this thing would happen (Woollin)

19
Q

What is recklessness?

A

Where there was a risk of a bad outcome but the D takes that risk anyways (Cunningham)

20
Q

What is negligence?

A

Guilty if they didn’t act as the reasonable man would have in the circumstances

21
Q

What is transferred malice?

A

D can be guilty if he commits a similar crime against against a different victim

22
Q

What is the case for transferred malice?

A

Latimer- transferred to woman even though intended to strike man

23
Q

What is strict liabilty?

A

Where only the actus reus has to be proven eg. speeding

24
Q

What is the case and held for strict liability?

A

Sweet v Parsley- Tenants growing drugs in house but she didn’t know so strict liability

25
Q

What is the contemporaneity rule?

A

The AR and MR must be present at the same time

Law paper 1- criminal (6 decks)

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