Criminal Liability Facts Flashcards
(36 cards)
What is Actus Reus
The physical element to a crime
What is meant by the voluntary nature of Actus Reus
The act must be voluntary and d must have control over own actions
What is meant by state of affairs
The d acted involuntarily but the state of affairs makes the defendant responsible enough
What are the 6 omissions of Actus Reus
Statutory duty
Contractual duty
Duty via relationship
Duty taken voluntarily
Duty via one’s official position
Duty via a chain of events the d set in motion
How can actus Reus exist through an omission
Through a duty existing where the d has to act
What is causation
The prosecution must prove the harm was caused by the d’s act
How is causation proved?
Factual cause
Legal cause
Chain of causation/intervening acts
What is factual cause
But for test
But for the d’s acts the v would not have suffered harm
What is legal cause
The link between the act and consequence creates the chain of causation, established by the operating and substantive cause
What is meant by operating and substantive cause
The d’s original act must be the reason for v’s harm
What are the intervening acts
3rd party intervention
Victims pen acts
A natural but unpredictable event
What is the thin skull rule
Take your victim as you find them
What is victims own act
If the d causes the v to act unpredictably, the v’s acts must be reasonable
What is 3rd party intervention
Medical treatment can break the chain of causation if it is so independent that the d’s acts are insignificant
What is meant by life support machines
Switching off a life support machine cannot break the chain of causation
What is Mens area
The guilty mind and intention behind the act
What types of intention are there
Direct intent
Oblique/indirect intent
Recklessness
What is direct intent
The d intended the act and specific consequence
What is oblique/indirect intent
The d intended the act but not the actual consequence
How do we distinguish between direct and indirect intent
Was the consequence a virtual certainty
What is recklessness
The d knows of risk of consequence but takes it anyway
What is transferred malice
D can be guilty if they intended crime but against different victim
Can transfer person to person not object to person
What are the principles for the coincidence rule
Transaction principle
Continuing act principle
What is meant by coincidence rule
For a crime to exist the actus Reus and Mens Rea must be present at the same time
