Crime Test 23/2/23

• What is Actus Reus?

  "Guilty Act". The doing part of the crime which involves a positive, voluntary act.
• What is an Omission?

  The failure to act
• What is causation?

  there needs to be evidence that D caused the consequence:

  legal cause

  Factual cause

  no intervening act
• What is Mens Rea?

  "guilty mind". looks at D's state of mind at the time of committing the offence.
• What is indirect intent?

  where the result isn't D's aim, yet they realise it is virtually certain to occur as a result of their actions.
• What is Recklessness?

  It's subjective. Based on what is in D's mind. If D did not appreciate the risk, he cannot be reckless.
• What is the distinction between voluntary and involuntary manslaughter?

  voluntary manslaughter possesses the necessary mental intent whereas involuntary doesn't have the mens Rea for murder.
• What is the definition of murder?

  where someone kills another with the intention to kill or cause GBH
• What is the most serious homicide offence?

  murder
• Is murder a result (consequence) crime or a conduct crime?

  Result crime
• What is the actus reus of murder?

  the unlawful killing of a human being under the king's peace.
• When does someone cease to be a human being according to the law?

  when they are brain dead or a foetus.
• What is the case of Matthews & Alleyne?

  Ds pushed V into a fast flowing river knowing that he could not swim which resulted in him drowning after falling 25 feet.
• What is transferred malice?

  When D intends malice towards the intended victim, but it can be transferred to the actual victim.
• What is the Transaction Theory?

  There is an initial MR. D then performs a series of acts which connected together form the AR. The AR and MR are still said to coincide.