Non Fatal Offences

Question 1

Actus reus

Answer 1

Physical element of a crime

Question 2

Conduct crime

Answer 2

There is no required consequence eg drink driving

Question 3

Consequence

Answer 3

Consequence element must happen

Question 4

State of affairs

Answer 4

Convicted even if the act was not desired by the defendant

Question 5

Omission

Answer 5

The failure to act

Question 6

Statutory

Answer 6

A piece of legislation imposes a duty on an individual to act

Question 7

Contractual

Answer 7

A specific duty outlined in a contract of employment

Question 8

Causation

Answer 8

Has the defendant caused the death of the victim

Question 9

Factual cause

Answer 9

‘But for’ rule - only guilty if it wouldn’t of happened but for defendant conduct

Question 10

Legal cause

Answer 10

Defendant can be guilty if they were more than a minimal cause

Question 11

Act of a third party

Answer 11

The intervening act must be sufficiently independent of defendants conduct

Question 12

Victims own actions

Answer 12

If d causes the victim to react in a foreseable way then any injury to v will be considered caused by d

Question 13

An intervening act

Answer 13

Causation will be removed if the injuries were slight but made worse by some event that could not be predicted or prevented

Question 14

Mens rea

Answer 14

Guilty mind- intention/recklessness

Question 15

Direct intent

Answer 15

Defendant intends for specific consequences to occur

Question 16

Oblique intention

Answer 16

When the d intends one thing but the actual consequence which occurs is another

Question 17

Recklessness

Answer 17

D knows there is a risk of the consequence happening but takes that risk

Question 18

Negligence

Answer 18

Failing to meet the standards of the reasonable person

Question 19

Strict liability

Answer 19

Where the mr is not required to be proved in respect of at least one aspect of the ar

Question 20

Transfered malice

Answer 20

D can be guilty if he intended a similar crime but it was against a different victim

Question 21

Coincidence of ar and mr

Answer 21

Where the ar is continuing at some point d will have the necessary mr