Criminal Law - Basic Principles

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  • Created by: Alasdair
  • Created on: 02-11-20 15:00
1 of 3 key components to securing a conviction for a Criminal Offence
Guilty conduct by the defendant (actu reus)
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2 of 3 key components to securing a conviction for a Criminal Offence
Guilty state of mind of the defendant (mens rea)
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3 of 3 key components to securing a conviction for a Criminal Offence
Absence of any valid defence
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Actus reus of an offence
Can be established by proving defendant has failed to take action or just by proving state of affairs (certain circumstances) existed. Additional circumstances/consequences sometimes required.
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Three components actus reus of an offence may consist of (one or more)
1. An act (or sometimes a failure to act) by defendant; 2. Existence of certain circumstances at time of defendant's conduct; 3. Certain consequences flowing from defendant's conduct.
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If a defendant is charged with a statutory offence.
Need to look at statutory provision and any case law which interpreted that provision.If crime is common law offence (est. by case law), look at relevant judgements of court.
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Conduct Crime
Defendant has to behave in certain way and certain circumstances need to exist before actus reus of offence is established. E.g. in case of ****, AC can only be established if proved lack of consent.
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Result Crime
Not enough defendant acts in particular way; certain consequences must follow behaviour before actus reus of offence is established. E.g. in case of murder, defendant must have caused deceased's death. If causation cannot be established, no proof of AC.
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State of Affairs
Sometimes, defendant will fulfil AC of an offence in circumstances over which he has no control. E.g. R v Larsonneur: French citizen was wrongfully found guilty of being in illegally in UK despite being deported from Ireland to England against her will
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Other cards in this set

Card 2

Front

2 of 3 key components to securing a conviction for a Criminal Offence

Back

Guilty state of mind of the defendant (mens rea)

Card 3

Front

3 of 3 key components to securing a conviction for a Criminal Offence

Back

Preview of the front of card 3

Card 4

Front

Actus reus of an offence

Back

Preview of the front of card 4

Card 5

Front

Three components actus reus of an offence may consist of (one or more)

Back

Preview of the front of card 5
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