Misc things to remember Flashcards
Define volition
the faculty or power of using one’s will.
Difference between subjective and objective
Subjective refers to personal perspectives, feelings, or opinions entering the decision making process.
Objective refers to the elimination of subjective perspectives and a process that is purely based on hard facts.
3 points to show ‘actus reus’
- Acted a particular way
- Failed to act in a particular way (omissions)
- brought about a state of affairs
When proving ‘actus reus’ you must show
2 points
- That the defendant’s conduct was voluntary, and
2. That it occurred while the defendant still had the requisite mens rea
Jenny poisons Amy, intending to kill her.
Immediately after giving Amy the poison, Jenny regrets it and does everything in her power to save Amy’s life.
Is Jenny still criminally liable?
Yes.
Mens rea (state of mind) does not have to remain unchanged throughout the entire commission of the offence.
Jenny is a caregiver for Amy, which is difficult due to Amy’s health condition.
Jenny has been unknowingly been giving Amy a medication which over a period of time will kill Amy.
4 days into administering the medication, Jenny realises this medication will kill Amy.
She continues to administer the medication.
At what point does Jenny’s actions become an offence?
At the point where she realised the medication will kill her, but continued administering it.
The offence is complete the first moment actus reus and mens rea unite.
The defendant throws a remote control at his wife.
Unknown to him, she has an unusual weakness of the vertebral artery. This ruptures and causes her death.
a) Has the causal link been broken?
b) is the defendant liable for her death?
a) no
b) yes
defendants must ‘take their victims as they find them’
Bruce assaults Tom.
Tom goes to hospital and refuses a blood transfusion on religious grounds.
Due to refusing the blood transfusion, Tom dies.
a) Has the causal link been broken?
b) is the defendant liable for her death?
a) no
b) yes
