mock revision

Cards (27)

  • definition of actus reus 

    the physical act or unlawful omission in committing a crime
  • components of actus reus 

    must be voluntary act that leads to the prohibited outcome
  • omissions (actus reus)
    liability for failing to act arises only if theres a pre-established legal duty to act
  • causation(actus reus)
    the act must directly or indirectly cause the legal harm or result
  • legal duty(actus reus)
    certain relationships or statutes inpose a duty to act (e,g parents towards children)
  • definition of mens rea

    the mental state, intent, or recklessness behind committing a crime
  • legal duty (actus reus)

    certain relationship or statutes impose a duty to act (e,g, parents towards children)
  • levels of mens rea
    intention, recklessness, and negligence represent varying levels of mens rea
  • intention (mens rea)

    a direct desire to cause the consequence or a result seen as virtually certain
  • recklessness (mens rea)

    awareness of risk and unjustifiable taking of that risk
  • negligence (mens rea)

    failure to forsee a risk that a reasonable person would, leading to unintentional harm
  • definition of battery
    unlawful application of force to another person
  • act requirement of battery
    involves any touching without permission, not necessarily violent or causing injury
  • mens rea of battery
    intentionally or recklessly applying force to another person
  • harm (battery)

    can range from minimal contact to causing injury, without causing serious harm
  • no consent (battery)

    touching another person is unlawful unless consent is given
  • definition of GBH (grevious bodily harm)

    serious injury inflicted on another person
  • severity of GBH

    injuries that result in serious, long- term damage or life- threatening conditions
  • mens rea of GBH
    intentionally or recklessly causing serious harm
  • section 18 and 20 offences of GBH

    section 18 involves intent to do serious harm ( more serious) whereas section 20 involves recklessness
  • causation (GBH)

    the act must directly cause the grevious bodily harm
  • definition of theft
    dishonestly appropriately property belonging to another with the intention of permanently depriving the other of it
  • appropriation (theft)

    taking control of property in any way, even temporarily
  • property (theft)

    includes money and all tangible or intangibe property
  • intention to permanently deprive (theft)

    not merely borrowing; the offender must intend to not return it
  • dishonesty (theft)

    acting without belief in having a legal right to the property, againsed the owners wishes
  • what is the principle of coincidence in criminal law
    the principle coincidence, also known as the contemporaneity rule, requires the actus reus ( guilty act) and mens ea (guilty mind )to occur simultaneously for criminal liability to be established