Criminal law basics

• What is the burden of proof for some defences in criminal law?

  On balance of probabilities
• When does the defence have the burden of proving excuses in criminal law?

  Once the prosecution has made out the primary elements of the offence
• What happens once the defence raises certain defences like self-defence?

  The prosecution has the burden of disproving the defence beyond reasonable doubt
• What are the conditions under which a defendant can be liable for omissions to act?

  • Duty to act imposed by statute
  • Close relationship (e.g., parent/child, doctor/patient)
  • Voluntarily assuming a duty of care
  • Contractual obligations (e.g., railway guards and passengers)
  • Creating a dangerous situation
• What is the 'but for' test in causation?

  The result would not have occurred but for the defendant's conduct
• What must be true for a defendant's action to be considered the legal cause of a result?

  It must be a substantial action and operative without intervening forces
• Does the thin skull rule break the causal chain?

  No, it does not break the chain
• Under what condition will a victim's behavior break the causal chain?

  If the behavior is so daft as to be unforeseeable
• When will a third party's act break the causal chain?

  If the act is free, deliberate, and informed
• What is direct intention in criminal law?

  The defendant's aim or purpose
• What is indirect (oblique) intention?

  The outcome was virtually certain and the defendant knew it
• To which offences does indirect intention apply?

  Only to offences requiring specific intent
• What is the offence of attempt in relation to specific intent?

  It is a specific intent offence
• What is the difference between specific intent offences and basic intent offences?

  • Specific intent offences: committed intentionally
  • Basic intent offences: committed either intentionally or recklessly
• What is transferred malice in criminal law?

  The defendant will be guilty of both the completed offence and the attempted offence
• What must a defendant do to be considered reckless?

  The defendant must foresee a risk and continue regardless
• What is the standard for negligence in criminal law?

  The defendant owed a duty of care and breached the standard expected
• What must be true for damage to be caused by a breach of duty in negligence?

  There must be foreseeability of such damage
• What are the key elements of negligence in criminal law?


  • Duty of care owed by the defendant
  • Breach of the standard duty of care expected
  • Damage caused by the breach
  • Foreseeability of such damage