Non Fatal Offences Flashcards
Actus reus
Physical element of a crime
Conduct crime
There is no required consequence eg drink driving
Consequence
Consequence element must happen
State of affairs
Convicted even if the act was not desired by the defendant
Omission
The failure to act
Statutory
A piece of legislation imposes a duty on an individual to act
Contractual
A specific duty outlined in a contract of employment
Causation
Has the defendant caused the death of the victim
Factual cause
‘But for’ rule - only guilty if it wouldn’t of happened but for defendant conduct
Legal cause
Defendant can be guilty if they were more than a minimal cause
Act of a third party
The intervening act must be sufficiently independent of defendants conduct
Victims own actions
If d causes the victim to react in a foreseable way then any injury to v will be considered caused by d
An intervening act
Causation will be removed if the injuries were slight but made worse by some event that could not be predicted or prevented
Mens rea
Guilty mind- intention/recklessness
Direct intent
Defendant intends for specific consequences to occur
Oblique intention
When the d intends one thing but the actual consequence which occurs is another
Recklessness
D knows there is a risk of the consequence happening but takes that risk
Negligence
Failing to meet the standards of the reasonable person
Strict liability
Where the mr is not required to be proved in respect of at least one aspect of the ar
Transfered malice
D can be guilty if he intended a similar crime but it was against a different victim
Coincidence of ar and mr
Where the ar is continuing at some point d will have the necessary mr
