Criminal law general

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  • Created by: azdw
  • Created on: 14-01-16 20:43

Criminal Law - General

Actus Reus -

Leading case is Woolmington v DPP for burden and standard of proof. The burden of proof lies with the prosecution beyond reasonable doubt. 

AR is the act done by the defendant in those circumstances.

Causation must be established through fact and law. 

The general rule for omissions is that there is no liability. 

  • A duty may arise from statute,
  • or from a common law duty in employment - R v Pittwood - traintrack. 
  • or from a relationship between the parties - R v Stone and Dobinson.
  • or from a knowledge that harm had been caused - R v Miller 

Mens Rea -

Mental element of the defence.

Recklessness is an alternative to intent. D must be aware of a risk they are taking.

It is not a defence to say that they didn't know it was a criminal offence. 

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