AR and MR Flashcards
(9 cards)
For D to be validly considered as defendant, how much should their actions have contributed to the victim’s harm?
Substancially.
If a victim takes actions, after they have been attacked and those actions make their condition worse… is it an intervening act?
No. D will still be held accountable for all if it. Because, ‘but for’ their earlier actions, this would not have happened to V.
Is there generally liability for omissions?
No. BUT there are 4 requirements that are needed when a crime can happen by omission:
- Crime capable of being commited by omission
- There was a duty to act
- D did not act reasonably
- Causation
When does a duty to act arise automatically?
When it is a parent-child relationship, or spouses.
Where D had volunteered their responisbility over a person - they owe them a duty.
Where there exists a duty between D and the victim - this contract may have obligations that D will have for V.
Where it was D that created a dangerous situation and later realised that they created it.
Where there is a statutory duty of care - such as to give your info when you caused a car crash etc.
What makes mens rea
The guilty mind.
Intention and recklessness. For fraud crimes, there is also an element of hishonesty
What is oblique intention?
When D did not want to kill V but knew that there was a virtual certainty that D’s actions could kill V. Both an objective and subjective test.
What is the test for recklessness?
- D knew the risk (objective)
- D took the risk and this was unreasonable (subjective - reasonable man)
What is transferred malice?
When D is held liable even if an unintended victim suffered the attack etc OR if the intended harm did not occur, but another one did.
What is a continuing act?
When D does AR without MR, later realises they have hit V and then continues to hit them etc.
