The rules in Law

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Rakib

Cards (23)

  • Acutus reus is a guilty physical act which has voluntary and deliberate
  • Transferred malice is the principle where the mens rea of a crime, directed at the intended victim is transferred to the unintended victim
  • if the mens rea is for a completely different type of offence then the defendant may not be guilty
  • oblique intent - the defendant's main aim is different from the criminal consequence
  • Direct intent - the criminal consequence is the defendant's main aim
  • An omission is where a defendant fails to act when they have a duty to do so
  • An Act of Parliament might create a duty; Children and Young Persons Act 1933; neglect of a child.
  • Children and Young Persons Act 1933
  • The prosecution must prove that the defendant’s guilty act or omission caused a particular consequence
  • If D’s act or omission does not cause the consequence or the act is not unlawful, there can be no criminal liability.
  • LEGAL CAUSATION TEST
    The prosecution must prove that D’s act or omission was the ‘operating and substantial’ cause of the consequence
  • there must be no intervening acts that break the chain of causation.
  • Thin Skull Rule - You must take your victim as you find them
  • Mens rea means guilty mind of the defendant
  • There are two categories of mens rea; intention and subjective recklessness
  • recklessness is where the defendant knows of a risk but goes ahead and takes the risk anyway
  • The coincidence/contemporaneity rule is a principle that the actus reus and mens rea must occur at the same time
  • A strict liability crime is one that has an actus reus but no mens rea
  • Strict liability crimes are statutory offences created by Parliament with the aim of preventing danger to the public. Therefore the risk to the public will outweigh any individual rights.
  • Lack of clarity from Parliament-The majority of strict liability crimes are statutory offences; however, statute does not always specifically state that they are strict liability crimes which means it is left to the courts to interpret Parliaments true intentions.
  • Dangerous Drugs Act 1965
  • Rivers (Prevention of Pollution) Act 1951
  • Food Safety Act 1990