SAC Revision 2 Flashcards
(18 cards)
Four types of unlawful homicide
Murder
Manslaughter
Infanticide
Culpable driving
Examples of lawful homicide
Capital Punishment
Self-defence
A homicide committed to prevent murder
Unexpected death
Identify and provide and example of four different participants in a crime
Accessory before the fact- A person who encourages a crime but is not present at its commission
Accessory after the fact- A person who helps an offender after a crime is committed
Principle in the first- A person who actually commits a crime when there is more than one person involved
Principle in the second degree- A person who is present at the crime encouraging or assuring the principle offender in some way
What is the Age of responsibly?
10 years of age
Children and Young Persons Act 1989
10-14 have to prove Mens Rea
Four characteristics needed to define a crime
Against an existing law
Harmful to an individual or society
Punishable by law
Elements of a crime (Actus Reus & Mens Rea)
What is Actus Reus?
Elements of a crime
A guilty act
What is Mens Rea?
Elements of a crime
A guilty mind
Define Self-defence
If a persons life is in danger from an attack by another, he or she may kill the other in self defence
Three examples of offence against property
Theft- take something from someone without their consent with the intention to permanently deprive them of it
Burglary- intent to break into a building without consent
Robbery- the intention to harm, and take someone’s possession without consent
What is strict liability crimes?
Crimes where the Mens Rea does not need to be proven; only the Actus Reus needs to be proven
Define presumption of innocence
You’re innocent until proven guilty in a court of law
Define Homicide
The killing of one human being by another. It may be lawful or unlawful.
Burden of proof
Crown or the prosecutor
Standard of proof
Beyond reasonable doubt
Offence against a person
Assault
Kidnapping
Define and explain necessity
The act of killing or injuring another to save another’s life
R V Dudley and Stephens
Define mental impairment
State of mind must be one of disease, disorder of disturbance resulting in lack of understanding
Define duress
A defence of committing a crime as a result of intimidation or threat of violence