litigation process+adversial system and general principles of liability week 3

Question 1

what are the 3 elements of proving criminal liability?

Answer 1

1. actus reus
   2.mens rea
   3.whether or not there is a defence

Question 2

what is actus reus?

Answer 2

the physical element of the crime where the defendant performed in the way required by the definition of the offence

Question 3

what is the term that described committing a crime by not doing something?

Answer 3

omission

Question 4

what is mens rea?

Answer 4

the mental element of the crime-what the defendant was thinking at the time of the crime

Question 5

what are the 2 types of intention?

Answer 5

1.direct
2.indirect/oblique

Question 6

what is direct intent?

Answer 6

defendent aimed/wanted the result

Question 7

what is indirect/oblique intent?

Answer 7

the defendent did not want to or aim to produce the result, but they did foresee is as very likely to occur because of their actions

Question 8

what is recklessness?

Answer 8

to be reckless is to take an unjustifiable risk

Question 9

what are the two aspects that need to be shown so that a defendent is found reckless?

Answer 9

1. defendent saw the risk of harm being caused by their act+decided to act anyway
2. the defendent taking the risk was unjustified

Question 10

what is transferred malice?

Answer 10

a legal principle that holds when the intention to harm one individual inadvertently causes harm to a 2nd person the perpetrator can still be held responsible

Question 11

what is strict liability?

Answer 11

where a defendant is still found guilty of an offence even without proving mens rea elements such as intention,recklessness or negligence in relation to the actus reus element

Question 12

give 3 strict liability offences

Answer 12

• speeding/driving without insurance
• engaging in sexual activity with a minor
• selling alcohol to someone who is under legal drinking age