General Elements of Criminal Liability

• An accused person is presumed innocent until proven guilty.
• The prosecution has the burden of proving the case against the defendant "beyond reasonable doubt".
• What is crime?

  conduct which is forbidden by the state and for which there is punishment by law.
• What is the exception to the two elements needed to be guilty of a crime?

  strict liability offences.
• What are the two cases for factual causation?

  White and Pagett
• What happened in White?

  D was acquitted because although he tried to poison his mother, she actually died because of a heart attack - so he wasn't the factual cause.
• What happend in Pagett?

  D was the factual cause of death when he used his girlfriend as a shield and fired at police. She would not have died "but for" his actions.
• What is the case for the thin skull rule?

  Blaue
• What happened in Blaue?

  D was held responsible for V's death when the Jehovah's Witness he stabbed refused a blood transfusion.
• What two cases are associated with legal causation?

  Kimsey and Benge