random info Flashcards

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1
Q

r v r

A

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

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2
Q

actus reus

A

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

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3
Q

men’s reus

A

mental element - intending, thinking , failing to think

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4
Q

criminal cases heard?

A

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

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5
Q

crime of strict liability

A

crime can be committed by actus reas only - speeding

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6
Q

burden of proof

A

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

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7
Q

reverse onus

A

shifting burden of proof to the defendant

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8
Q

standard of proof

A

extent to which the burden of proof must be made

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9
Q

fault

A

must involve the men’s reus to become criminal

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10
Q

Life support

A

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

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11
Q

Not at fault

A

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

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12
Q

Difference between GNM and recklessness

A

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

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13
Q

What is a statutory defence

A

It is an act of Parliament

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14
Q

What is Common law

A

Something defined through case law

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