Unit 2 - Rules of Criminal Law, Theory in Criminal Law, General Elements of Liability, Fatal Offences against the Person Flashcards
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What are the two requirements for a crime?
The act must be prohibited by the state and punishable by the state.
Are most new crimes decided by Parliament or by common law?
Parliament
Case - example of a new crime being created by common law in recent history
R v R (1991) - marital rape
What is paternalism?
The belief that the state is justified in protecting individuals from harm.
What is legal moralism?
The idea that immoral conduct is criminalised for better social cohesion.
What is fair labelling?
The principle that crimes should be defined to reflect their wrongness and severity.
What is correspondence?
The principle that the result the defendant intends or foresees should match the result that occurs.
What is maximum certainty?
The principle that decisions are made according to legal rules
What two elements are common to most crimes?
Actus reus and mens rea - guilty act and guilty mind.
What is the standard of proof in criminal law?
“Beyond all reasonable doubt”
Case - shows that actus reus must be voluntary
Hill v Baxter (1958) - bees
Case - shows that failure to act may sometimes be an actus reus if there is a duty to act or a special relationship
R v Gibbons & Proctor (1918) - starved child
What two types of causation are required for an actus reus to be proven?
Factual and legal causation
What is the Latin term for a new act occurring which may break the chain of causation?
Novus actus interveniens
Case - example of a potential act breaking the chain of causation
R v Roberts (1971) - jump from car to avoid sexual assault
What are the three types of mens rea required?
Direct intent, oblique intent and subjective recklessness/basic intent
What is direct intent?
The highest level of mens rea - the actus reus was D’s aim and purpose
Case - example of direct intent not being proven
R v Mohan (1976) - run over police
What is oblique intent?
The consequence is virtually certain AND D is aware of it