random info

Question 1

r v r

Answer 1

husband can rape his wife. shows society view on the position of women have changed

Question 2

actus reus

Answer 2

physical element - what the defendant has or hasn’t done

Question 3

men’s reus

Answer 3

mental element - intending, thinking , failing to think

Question 4

criminal cases heard?

Answer 4

magistrate court depending on seriousness, if needed, passed to crown court

Question 5

crime of strict liability

Answer 5

crime can be committed by actus reas only - speeding

Question 6

burden of proof

Answer 6

prosecution must provide that the defendant is guilty- both men’s and actus reus must be shown

Question 7

reverse onus

Answer 7

shifting burden of proof to the defendant

Question 8

standard of proof

Answer 8

extent to which the burden of proof must be made

Question 9

fault

Answer 9

must involve the men’s reus to become criminal

Question 10

Life support

Answer 10

Switching off life support does not count as a new interviewing intervening act

Question 11

Not at fault

Answer 11

Children under 10 - involuntary acts - lack of required mens rea - under duress

Question 12

Difference between GNM and recklessness

Answer 12

Recklessness - D realise that they are exposing others to certain unjustified risk
GNM - not realising the risk and this being unreasonable

Question 13

What is a statutory defence

Answer 13

It is an act of Parliament

Question 14

What is Common law

Answer 14

Something defined through case law

Question 15

Ratio decidendi

Answer 15

Legally binding