Criminal Law Flashcards
(19 cards)
Actus Reus
Positive Act
When is there liability for an omission to act
special contractual duty
special relationship
voluntary assumption of responsibility
creation of a dangerous situation and failure to take steps
factual causation [actus reus]
‘but for’ the defendants actions would the results have occurred
legal causation [actus reus]
the defendants conduct must have been a substantial and operative cause of the result
- more than trivial
- not the only cause
- operating cause of the incident
Thin skull rule
take your victim as you find them
the weakness of the victim does not break the chain of causation
physical conditions or religious beliefs
What is mens rea
The guilty state of mind by the defendant
Three main areas of mens rea are
Intention
Recklessness
Negligence
Intention [mens rea]
Direct: the defendant has a specific outcome in mind [the death of someone, someone to be wounded]
Indirect: the outcome was not the main aim [aimed to hurt them badly, but killed]
- Was the consequence a virtual certainty?
- Did the defendant realise it was a virtual certainty?
Recklessness [mens rea]
- The defendant forsees the risk
- The defendant goes on to unreasonably take that risk
Negligence [mens rea]
The defendant fails to meet the standards of the reasonable person.
Who carries the legal (persuasive) burden in a criminal trial?
The prosecution, who must prove every element of the offence beyond reasonable doubt.
If the defence raises any evidence that they have a self defence or alibi - what should they raise
An evidential burden
Once self defence or alibi is raised then who has the legal burden and to what standard
The prosecution have the legal burden who then must disprove self - defence beyond reasonable doubt
What are the 2 defences which place a legal burden on the defendant
Insanity and diminished responsibility
What is the standard of proof for defences like insanity and diminished responsibility?
Balance of probabilities — the defendant must prove the defence is more likely than not.
What are the legal and evidential burdens in a murder case where the defendant raises the partial defence of loss of control?
The prosecution = legal and evidential burden to prove murder beyond reasonable doubt.
The defendant= evidential burden to raise the partial defence of loss of control, which can be satisfied by giving evidence.
Can transferred malice apply if the defendant intends to damage property but unintentionally injures a person?
No. Transferred malice only applies when both the actus reus and mens rea are for the same offence.
If the defendant intends criminal damage but causes harm to a person, they are not guilty of assault unless they also intended or were reckless as to applying force.
For strict liability offences what does this mean? A person can be guilty when?…
No MR needed
Can be guilty from the act alone, even if no intention or knowledge.
What are some strict liability offences
- driving with excess alcohol
- speeding
- no insurance
- driving offences
