Topic 1 -Actus Reus Flashcards
Who carries the burden of proof in criminal law?
The prosecution carries the legal burden to prove the defendant’s guilt beyond a reasonable doubt.
What is the prosecution’s evidential burden?
The prosecution must produce evidence for each element of the offense.
When does the defendant have a legal burden of proof?
The defendant has a legal burden only for specific defenses, like diminished responsibility, where they must prove the defense on a balance of probabilities.
Does the defendant always have an evidential burden?
The defendant may have an evidential burden to provide evidence for certain defenses (e.g., self-defense), after which the burden shifts back to the prosecution.
What does actus reus refer to?
Actus reus refers to the defendant’s conduct, any consequences of that conduct, and any specific circumstances related to the crime.
What are result crimes?
Result crimes require proving that certain consequences (e.g., death in murder) arose from the defendant’s conduct.
What are state of affairs offenses?
These crimes only require proof of a particular set of circumstances, not necessarily the defendant’s conduct.
What are the exceptions to no liability for failing to act?
Exceptions include statutory offenses (e.g., failing to stop after a collision) and common law duties (e.g., parent-child relationship, voluntary assumption of responsibility, creating a dangerous situation).
What does causation refer to in result crimes?
Causation requires proving factual causation (but for the defendant’s actions, would the result have happened?) and legal causation (the defendant’s act must be more than a minimal cause of the result).
What does ‘take the victim as you find them’ mean?
It means the defendant is liable for the victim’s injury or death, even if the victim had a pre-existing condition.
When does a victim’s action break the chain of causation?
A victim’s action will not break the chain unless it was unforeseeable.
When does third-party intervention break the chain of causation?
Third-party intervention generally does not break the chain unless it was independent and unforeseeable.
Does medical negligence break the chain of causation?
Medical negligence does not typically break the chain unless it is independent, potent enough, and renders the defendant’s contribution insignificant.
Do natural events break the chain of causation?
Natural events do not break the chain if they are foreseeable, such as a victim drowning after being left unconscious near the sea.
