key word Flashcards
conduct crime
the accused conduct forms the crime - drink driving
consequence crime
the consequence element must happen for the offence to be committed - there must be the actus reus - ABH
omission
failure to act
thin skull rule - R v blaue
must take the victim as they find them
chain of causation
Link between the act and the consequence
Break in the chain of causation
new intervening act
De minimus rule
Was the act minimal enough or was it more than de minimus
De minimus rule
Was the act minimal enough or was it more than de minimus
Intention
A decision to bring about in so for as it lies within the accused power, no matter whether the accused desired that consequence of his act or not
Direct intent
Defendants intention was clear
Oblique intention
A decision to bring about, in so far as it lies within the accused’s power no matter whether the accused desires that consequence of his act or not
Subjective recklessness
The D realised the risk, but decided to take it
Due diligence
D has done on that was within his power not to commit on offence
Transferred malice
D can be guilty if they intended to commit a similar crime but against a different victim
Coincidence of actus reus and mens rea
In order for the offence to take Placeboth the action reus and mens rea must be present
