Paper 1 Section B Flashcards
1
Q
Coincidence rule
Elements of a crime
A
- AR + MR of a crime must occur at the same time
- Fagan - “continuing act” MR formed when refused
- Thabo Meli - Beat V in a hut over the head intending to kill
- Church - Wrapped V in a sack + chucked her off bridge
Elements of a crime
2
Q
Transferred Malice
Elements of a crime
A
- Occurs when D’s MR is transferred from intended V to the actual V
- Mitchell - Post office queue, pushed man - woman broke leg and died
- Pembleton - Threw large stone at inaccuarately at opponent - broke window instead
Elements of a crime
3
Q
Strict Liability
Elements of a crime
A
- Offences where MR is not required
- Prince - Knew girl he took was in posession of her father - believed her she was 18
- Hibbert - met underage girl seduced + detained her for hours then took her back to where they met - D was charged
Elements of a crime
4
Q
Actus Reus
Element of a crime
A
- Act - the doing of the crime
- Omission - Act of not acting when it is needed
- State of affairs
Element of a crime
5
Q
Mens Rea
Element of a crime
A
Element of a crime
