KEY WORDS Flashcards
Actus Reus
guilty act - the defendants actual physical acts which form the crime
defendant
the person that has been accused in court of committing the offence
defences
a defendant may raise a defence in attempt to avoid criminal liability
intent
the defendants deliberate decision, aim or puropse
intent is relevant where the actual result of the defendants action matched their decision
what are the two types of intent
direct or oblique (indirect)
in legal terms, is intent the same as motive or reason for the defendants actions
no
malice
intention or recklessness on the part of the defendant
in legal terms is malice the same as maliciousness
no
mens rea
guilty mind - describes defendants mental state at the time the AR occurred
novus actus interveniens
new intervening act - breaks the chain of causation
oblique intent
the defendants intention was indirect, in that the outcome of their action didn’t directly result from their intention but was a by-product of that intention
offence
the crime (unlawful criminal act)
an offence will typically consist of coincident ar and mr and causation will need to be made out
does an offence of strict liability require MR
NO
omission
a failure to act or do something (opposite of commission - means act)
recklessness
where the defendant is, or should be, aware of a risk but unreasonably goes on to take that risk
