Criminal Liability

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Created by: hollysmiith
Created on: 12-04-15 20:32

What is the burden of proof in criminal cases?

Beyond reasonable doubt

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Define Actus Reus

The voluntary, deliberate act or omission of the defendant that causes the consequence

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What are 3 defences to a 'voluntary actus reus'?

Automatism - D performs physical act but is unaware or unable to control it because of some external factor (eg - blow to the head) Reflex Actions - Hill V Baxter, eg heart attacks sneezing, ect Physical Force Beyond Control - Mitchell

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What is the general rule on omissions in criminal cases?

No liability for failing to act - Smith v Littlewoods Organisation

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What 6 situations imply a legal duty that makes it an offence for the defendant not to act?

Contract-Pittwood(level crossing) Public Position-Dytham(police witnesses beating) Act of Parl-failure to stop Dangerous Situation-Miller(hobo fire) Voluntarily take on duty-Stone&Dobinson(anorexic sister) Special Relationship-Gibbons&Proctor

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Other cards in this set

Card 2

Front

Define Actus Reus

Back

The voluntary, deliberate act or omission of the defendant that causes the consequence

Card 3

Front

What are 3 defences to a 'voluntary actus reus'?

Back

Card 4

Front

What is the general rule on omissions in criminal cases?

Back

Card 5

Front

What 6 situations imply a legal duty that makes it an offence for the defendant not to act?

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Criminal Liability