key terms Flashcards
1
Q
actus reus
A
- the ‘guilty act’
- physical aspect of the crime
- what the d has done or not done
2
Q
mens rea
A
- guilty mind
- mental element of the crime
- what the d is intending
3
Q
omission
A
- failure to act
4
Q
state of affairs
A
- d is convicted even when they have not acted voluntarily
5
Q
result crime
A
- where there must be a result from d’s actions
6
Q
causation
A
- if d has been charged with a result crime - causation must be established as part of the guilty act
7
Q
factual causation
A
- but for test, the consequence would not have happened BUT FOR the d’s actions
8
Q
legal cause
A
- there may be other factors which contribute to the prohibited outcome
- d’s actions may not be the main or only cause
- d still guilty - their actions are seen as ‘operating or substantial cause’
9
Q
thin skull rule
A
- the d must take the victim as he finds them
- any unusual physical or mental state which worsens an injury means the d is liable for the more serious injury
10
Q
chain of causation
A
- there must be a direct link between the d’s actions and the consequence
11
Q
intervening act
A
- if something happens after the illegal act which is separate to the d’s actions it breaks the chain of causation
- breaks in the chain can mean the d is not liable for the extent of the harm if the intervening act is sufficiently independent of the ds actions and sufficiently serious
12
Q
the act of a 3rd party
A
- may break the chain of causation only if not foreseeable (Pagett)
13
Q
victims own actions
A
- have to be unforeseeable and unreasonable to break the chain (roberts)
14
Q
medical treatment
A
- courts unlikely to rule that poor medical treatment can break the chain unless it is so grossly negligence
15
Q
intention
A
- highest level of mens rea
- broken into direct and indirect intention
16
Q
direct intention
A
- defined in Mohan, ‘a decision to bring about the prohibited consequence’
- where it is the d’s ‘aim, want or desire’ to bring about a consequence
17
Q
indirect intention
A
- d has one purpose in mind but in achieving that purpose causes other consequences
18
Q
recklessness as a mens rea
A
- the taking of an unjustifiable risk
- must be proven d saw the risk and took it anyways
- minimum level of mens rea required
- cunningham
19
Q
transferred malice
A
- d can be guilty if he intended to commit a similar crime but against a different victim
- malice cannot be transferred for a different crime
20
Q
general malice
A
- where d doesn’t have a specific victim in mind e.g. a terrorist bomber, mens rea applies to any of the actual victims
21
Q
contemporaneity
A
- for an offence to take place, actus reus and mens rea must be present at the same time
