Rules + Theories Flashcards
(7 cards)
1
Q
What is the liability equation
A
AR + MR + Causation
2
Q
Mental capacity defences
A
Insanity
Automatism
Intoxication
3
Q
General defences
A
Self-defence
Consent
Duress (threats + circumstances)
Necessity
4
Q
Burden of proof
A
Prosecution
5
Q
Standard of proof
A
Beyond all reasonable doubt
6
Q
Reverse onus
A
Burden of proof shifts to D
- Expressed statutory provision (DR)
- Implied statutory provision (defences)
- M’Naghten rule (insanity)
7
Q
Basic principles
A
Fair labelling (punishment reflects severity)
Correspondence principle (intended result match actual)
Max certainty (law should be easy to follow)
No retro liability (crimes must be illegal at time committed to be prosecuted)
