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Actus reus and Mens rea (91 cards)

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1
Q

what are the forbidden degrees for incest?

A 
children and parents
grandchildren 
sisters and brothers 
aunts and uncles
great grandchildren
covers adopted families and half brothers and sisters (heterosexual relationships)
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2
Q

Where and in which act can the actus reus and mens rea for stalking be found?

A

Criminal Justice and Licensing (Scotland) Act 2010 at s.39

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3
Q

Where and in which act can the actus reus and mens rea for behaving in a threatening or abusive manner be found?

A

Criminal Justice and Licensing (Scotland) Act 2010 at s.38

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4
Q

Where and in which act can the actus reus and mens rea for vandalism be found?

A

Criminal Law (Consolidation) (Scotland) Act 1995 at s.52

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5
Q

Where and in which act can the actus reus and mens rea for domestic abuse be found?

A

Domestic Abuse (Scotland) Act 2018 through s.1 - 12

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6
Q

Where and in which act can the actus reus and mens rea for incest be found?

A

Criminal Law (Consolidation) (Scotland) Act 1995 at s.1

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7
Q

Where and in which act can reasonable belief on consent be found in relation to sexual offences?

A

Sexual Offences (Scotland) Act 2009 at s.16

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8
Q

Where and in which act can the scope within withdrawal in relation to sexual offences?

A

Sexual Offences (Scotland) Act 2009 at s.15 (1) (2) (3) (4)

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9
Q

In relation to sexual offences where can the section be found about consent when said victim is asleep or unconscious?

A 
Sexual Offences (Scotland) Act 2009 at s.14 (1) (2)
(2) - a person is incapable, while asleep or unconscious, of consenting to conduct
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10
Q

In relation to sexual offences where can the section be found about circumstances in which conduct takes place without free agreement?

A

Sexual Offences (Scotland) Act 2009 at s.13

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11
Q

Where can the rules of consent be found in relation to sexual offences?

A 
Sexual Offences (Scotland) Act 2009 at s.12
Consent means free agreement
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12
Q

Where and in which act can the actus reus and mens rea for sexual assault be found?

A

Sexual Offences (Scotland) Act 2009 at s.3

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13
Q

Where and in which act can the actus reus and mens rea for sexual assault by penetration be found?

A

Sexual Offences (Scotland) Act 2009 at s.2

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14
Q

Where and in which act can the actus reus and mens rea for rape be found?

A

Sexual Offences (Scotland) Act 2009 at s.1

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15
Q

What is the definition of breach of the peace? (actus reus)

A

Behaviour which is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community, where the accused does the act (which causes, or has the potential to cause disturbance) intentionally

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16
Q

What is the mens rea of wilful fire-raising?

A

Intentionally setting on fire property belonging to another

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17
Q

What is the definition of malicious mischief/malicious damage?

A

The wilful or reckless causing of damage to property belonging to another

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18
Q

What is the mens rea of extortion?

A

Intending to deprive the owner of the property or to gain an advantage

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19
Q

What is the actus reus of extortion?

A

The obtaining of property or some other advantage by means of illegitimate threats or demands

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20
Q

What is the definition of robbery?

A

Theft (as defined) accomplished by violence or threats of violence

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21
Q

What is the mens rea of fraud?

A

Intending to achieve that specific result

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22
Q

What is the actus reus of fraud?

A

The obtaining of a practical result by means of a false pretence

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23
Q

What is the mens rea of embezzlement?

A

Intending to deprive the owner of the goods

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24
Q

What is the actus reus of embezzlement?

A

Misappropriation of goods to which the accused has been entrusted

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25
What is the mens rea of reset?
Knowing that the goods have been stolen or being wilfully blind
26
What is the actus reus of reset?
Being privy to the retention of goods which have been dishonestly obtained by another
27
What is the mens rea of theft?
With intent to deprive the person of his or her property
28
What is the actus reus of theft?
the appropriation of property belonging to another without consent
29
What is the mens rea of assault?
with intent to cause personal injury or intending to place another person in a state of fear or alarm for their safety
30
What is the actus reus of assault?
An attack on the person of another
31
What is the mens rea of voluntary culpable homicide?
having intended to kill or through 'wicked recklessness' but having been PROVOKED or suffering from diminished responsibility
32
What is the actus reus of voluntary culpable homicide?
Causing the death of another human being
33
What is the mens rea for involuntary culpable homicide?
with a mens rea that falls short of murder but nonetheless is regarded as criminal
34
What is the actus reus of involuntary culpable homicide?
causing the death of another human being
35
What is the mens rea for murder?
having (wickedly) intended to kill or through wicked recklessness
36
What is the actus reus for murder?
Causing the death of another human being
37
What is the mens rea for incitement?
with the intention that the other will carry out that crime
38
What is the actus reus of incitement?
Inviting another to enter a conspiracy or commit a crime
39
What is the mens rea for conspiracy?
Intending to carry out that crime
40
What is the actus reus of conspiracy?
An agreement between two or more persons to commit a crime or crimes
41
What is the definition of attempt?
Where the accused has gone from preparation of the crime to perpetration
42
What is the definition of actus reus?
The forbidden situation
43
What is the definition of mens rea?
The mental element
44
What is the procurator fiscal?
The procurator fiscal can pick which court a case can go to but are only able to prosecute in sheriff and JP courts.
45
What are Solemn and Summary proceedings?
when a trial is made of a jury of 15 people and a sheriff or a judge.
46
What is adversarial?
Means that in court there are two sides trying to win the case (fighting it out)
47
What is a Complaint/Indictment?
A list of charges that is presented to the accused.
48
What happens when the accused pleads guilty?
Regardless of when the accused pleads guilty there will be a discount of their sentence, however the discount is greater if the guilty plea is taken earlier.
49
Why is reasonable doubt so important?
The procurator fiscal must prove to the jury that the accused is guilty beyond a reasonable doubt
50
What is cooberation?
There must be at least 2 pieces of supporting evidence from 2 independent sources. An admission of guilt can be a piece of this evidence
51
At what age can the Lord Advocate take a child to court?
8
52
What should the jury go into a court room believing?
A jury member should go into the stance with the mindset that the accused is not guilty, no requirement for the accused to give evidence.
53
After a trial takes place what does the defence lawyer still have time to do?
Mitigate with the judge and lessen their clients sentence
54
How long can the accused be kept in jail until trial?
140 days - for statutory offences time limit for a trial is within a year.
55
How is bail granted in Scotland?
Bail (in Scotland) is not costly however conditions are set and must be upheld in order to maintain bail
56
What is the definition of res judicata?
If you have been prosecuted for one case, you cannot be prosecuted again (however under limited circumstances you can be)
57
Who has the onus to prove that the defendant is guilty?
The appellant, eg the procurator fiscal
58
What is the definition of Nullum crimen sine lege?
ECHR Article 7(1) in order for a crime to be a crime, there must be a clear definition to the public that it is a crime.
59
What are the main sources of Scots Law?
Cases Statutes Institutional writers (mainly Hume and Alison)
60
Which institutional writers work is used mostly to define crimes?
Hume
61
What must the procurator prove in order for the accused to be guilty?
The actus reus and mens rea
62
What are the elements to actus reus?
The actual act itself Omissions State of affairs Conduct
63
What is a life sentence?
when someone is released on license forever, and can be put back into prison if they commit any offences regardless of nature.
64
What is a result crime?
Focuses on the result of the crime. An example is murder, as it results in someone’s death
65
Are you liable for omissions?
In general, in criminal law you tend to not be liable.
66
What are the exceptions to omissions?
Statute Contract (employment etc) Family relationships (duty to protect your child) Creation of a dangerous situation?
67
What is the subjective approach to mens rea?
The viewpoint that the action is actually what the accused had intended to do. Did the accused understand that if they did X then Y would follow?
68
What is the objective approach to mens rea?
A conviction is possible if the jury is satisfied that the accused knew what they were doing. Would a reasonable person appreciate/understand that doing X would result in Y?
69
Are motive and mens rea the same thing?
No, a motive does not need to be expressed whereas the crown have to establish mens rea.
70
What is the definition of 'wicked recklessness'?
Taking a risk that a reasonable person wouldn’t. completely disregarding the consequences of the act
71
Types of causation?
Fraud Assault Murder Culpable Homicide
72
What is causation?
When the cause of the crime links with the result
73
What is the thin skull rule?
Must take the victim as you find them. It DOES NOT break the causal link.
74
What is art and part liability?
if you act as a group, everyone in the group can be held liable for the groups actions.
75
What is the limit of art and part liability?
If the act us wholly unforeseeable and it only one person is responsible for that act
76
What are the three parts to attempting a crime?
``` Beyond Recall (the stage that you could not undo your attempt) Last act (the final step towards your attempt) A question of degree (decided by a judge and jury) ```
77
What is the definition of admonished?
told by the judge not to do it again
78
In involuntary culpable homicide, what is the unlawful aspect?
Accused acts and causes death while acting unlawfully (has to be an act caused against someone) e.g. assault.
79
In involuntary culpable homicide, what is the lawful aspect?
Accused has caused death unintentionally if negligence is gross negligence.
80
What is diminished responsibility?
accused states that they were mentally disordered (depression) but not entirely that the accused didn’t know what he was doing.
81
What are the charges for murder via Road Traffic Homicides?
Causing death by dangerous driving Causing death by driving without due care and attention Causing death by driving while unlicensed, disqualified or uninsured
82
Where and in which act can you find corporate liability and corporate homicide?
Corporate Manslaughter and Corporate Homicide Act 2007: | S. 1(1)(4)(5)
83
Does assault need to cause an injury to be assault?
No, assault is not a result crime.
84
What are the types of aggravated assault?
Assault with intent to rape Assault to the danger of life Assault to severe injury Assault to permanent disfigurement Assault to the permanent impairment of sight Assault with a weapon Hamesucken – where the accused assaults the victim in the victim’s home, having gone there with the purpose of assaulting them.
85
RECKLESS ENDANGERMENT, RECKLESSLY CAUSING INJURY, CULPABLE AND RECKLESS CONDUCT/ENDANGERMENT
Assault requires intent but causing real injury by reckless conduct is crime.
86
In relation to theft, what kind of property can be stolen?
Corporeal moveable property that belongs to someone else. It is also theft to temporarily take someone’s property
87
What is the definition of amotio?
The physical movement of the goods. As soon as you take an item out of its area, amotio occurs.
88
What are the aggravated forms of theft?
Theft by opening a lockfast place (an office); Theft by housebreaking (breaking into a building with a roof); Housebreaking with intent to steal (official term for attempted housebreaking but not for stealing).
89
What is false accusations/wasting police time?
Putting forward a false story- making police investigate.
90
Could you be charged with breach of the peace for causing someone else to breach the peace?
Yes.
91
Which Human Right Article 1998 can breach of the peace often interfere with?
Article 7, its too broad and people need to know what a crime is.

criminal law (4 decks)

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