Actus Reus Flashcards
(20 cards)
Age of criminal responsibility
10
commission
purposely breaking the law
omission
accidentally breaking the law
punishment
seen as deterrent
actus reus
the guilty act
mens rea
the guilty mind
de minimus
insignificant matters
novus actus interveniens
new intervening act
obiter dictum
something said by a judge while giving judgement that was not essential to the decision of the case
ratio decidendi
the principle or principles of law on which the court reaches its decision
state decisis
to stand by things decided expressing the underlying basis of the doctrine present
ultra vires
describing an act by a public authority, company or other body that goes beyond the limits of powers conferred on it.
statutory duty
a duty that almost everyone by law has to do. Examples are helping someone when they are in their hour of need
causation
this means that when a case goes to court it must be proven that the consequences have been directly caused by the actions to the defendant
factual cause
the defendant can only be guilty if the consequences would not have happened “but for” the defendants conduct
thin skull rule
the defendant must take the victim as they find them. this means that the victim may have a medical condition that any injuries that they sustain from a defendant could inflict more damage on them than someone who does not have the medical condition
intervening act
something may break the chain of causation. in some cases, something else happened after the defendants act or omission and if it is sufficient enough to separate from defendants comedic it may break the chain of causation
intention
this is defined as a decision to bring about in so far as it lies within accused power, the prohibited consequences, no matter whether the accused desired that consequence of their action
motive
Mohan makes it clear that motive is not the same as intention and is not relevant when deciding whether a defendant has intention or not
direct intent
in most cases a defendant will have what is called direct intent, in ehich they intend to do the specific consequences of their actions. if a defendant does not desire the outcomes of their actions, this is called oblique or indirect intent