rules of criminal law Flashcards
what is the definition of the actus reus
the actus reus is the guilty act
what is the definition of mens rea
mens rea means guilty mind
what is the standard of proof in a criminal cases
beyond reasonable doubt
what is the standard of proof in a civil cases
the balance of probabilities
what is a conduct crime
doesn’t need a consequence it be a crime
what is a consequence crime
a crime that needs a consequence to be a crime s47 OAPA 1861
what case tells is about the voluntary actus reus
Hill v Baxter 1958
what case tells is about involuntariness of a crime
R v Larsonneur 1933
what are the 6 omissions of actus reus and there correlating case law
statutory, contractual v Pittwood 1902, duty due to relationship r v Gibbs and Proctor, duty which is taken on voluntarily Stone and Dobinson, duty through an official position r v dytham, a duty which arises form a chain of events r v miller
what is the test for factual causation
But for R v white
what is the thin skill rule and what case correlates?
The defendant must leave the victim as they found them R v Blaue 1975
what 3 elements break the chain of causation
Act of a 3rd party, victims own act, an act of god, natural unpredictable event.
what case explains when medical care breaks COC
R v Jordan 1956
what is the definition of specific intent and what case defines it
decision to bring the accused power no matter of the accused consequence r v mohan 1975
what is the definition of direct intent. what is the case that correlates
The D wanted s specific consequence to occur( Hancock & Shackland 1986)
