AR - Criminal Law Flashcards
(67 cards)
What is Actus Reus?
Actus Reus refers to the prohibited physical conduct of a crime.
What is individual autonomy?
Individual autonomy is the ability of a person to make their own decisions.
Case example: R v Kennedy
What is the principle of maximum certainty in law?
Law should be clear and open so that everyone has access to it, and must be applied in a precise and predictable manner.
What does ‘innocent until proven guilty’ mean?
It is a legal principle that ensures a person is considered innocent until evidence proves otherwise.
What is correspondence in criminal law?
In criminal law, both actus reus (the act) and mens rea (the guilty mind) are required to constitute a crime.
What is an exception to the requirement of mens rea?
Strict liability offences require no fault.
What is fair labeling in the context of law?
It is unfair to label someone inaccurately; the punishment must reflect the severity of the crime.
What is the presumption against retrospective liability?
Laws must not be retrospective; a person cannot be tried for an offence if the conduct was not an offence when committed.
What are the three types of actus reus?
- Conduct crimes: no consequence needed.
- Result crimes: prohibited conduct must result in a consequence.
- State of affairs crimes: being at a particular place at a particular time.
What is an example of a state of affairs crime?
Being in possession of a controlled drug under S.5 Misuse of Drugs Act 1971, regardless of intent to use or distribute it.
What must be shown to establish actus reus?
It must be shown that the defendant’s act was voluntary.
What are involuntary actions?
Involuntary actions are where the defendant lacked any control over their acts, resulting in a state of automatism.
What is an example of an act done by muscle without control of the mind?
A spasm or reflex action, such as being stung by a swarm of bees or having a heart attack while driving.
Examples given in Hill v Baxter and R v Mitchell.
What is an act done by a person who was not conscious of what they were doing?
An example is R v Quick.
What is the general rule regarding omissions?
An omission (failure to act) cannot make a person guilty of an offence.
What are the justifications for the general rule on omissions?
- The criminal court cannot force people to act as good samaritans.
- It is difficult to determine which omissions should result in punishment.
What is a duty arising out of contract?
If you have a contract of employment requiring specific acts, failure to perform these acts can result in criminal liability.
Example: R v Pittwood.
What is a duty by virtue of relationship?
If you are a parent and fail to care for your child properly, resulting in death or injury, you could be criminally liable.
Example: R v Gibbons and Proctor.
What is a duty by virtue of assumption of care for another?
If you take responsibility for caring for someone and fail to do so properly, resulting in death or injury, you could be criminally liable.
Example: R v Stone and Dobinson.
What is a duty by public office?
Holders of public office may have a duty to act that extends beyond working hours, particularly police officers.
Example: R v Dytham.
What is a duty by virtue of creating a dangerous situation?
If you create a dangerous situation, you are obliged to rectify it. Failing to do so, resulting in death, injury, or damage, can lead to liability.
Example: R v Miller.
What is the established relationship that creates a duty of care between a doctor and a patient?
Doctor + patient = established duty of care
