Law Unit 2: Criminal Liability - Underlying Principles definitions

HideShow resource information
  • Created by: Maddie!
  • Created on: 08-05-14 18:11
Actus reus (AR)
The guilty act, which is voluntary and deliberate
1 of 33
Omission
Failure to act
2 of 33
Causation chain
The link between D's act and the criminal consequence
3 of 33
Factual causation
'but-for' test - but for D's act, would the consequences have occurred?
4 of 33
Legal causation
'Operating and substantial cause' test
5 of 33
Intervening act
An act that breaks the chain of causation
6 of 33
Thin skull rule
Take your victim as you find them
7 of 33
Mens rea (MR)
The guilty mind
8 of 33
Direct intent
When D aims for their act and the consequences
9 of 33
Indirect intention
When D aims for their act, but not the consequences
10 of 33
Recklessness
When D knows the risks of their act, and goes ahead and takes it anyway
11 of 33
Contemporaneity (coincidence) rule
The AR and MR of a act must occur at the same time
12 of 33
Transferred malice
When the MR of an act towards the intended V transfers to the unintended V
13 of 33
Strict liability
Crimes that only require an AR
14 of 33
AR of assault
intentionally or recklessly causing V to apprehend immediate, unlawful violence
15 of 33
Apprehend
Anticipate some type of violence, but V doesn't have to know what/how/when
16 of 33
Immediate
Not instaneous; part of the current activity
17 of 33
Unlawful
Without consent
18 of 33
MR of assault
Intentionally or recklessly causing V to apprehend immediate, unlawful violence
19 of 33
AR of battery
Unlawful application of force to the person of another
20 of 33
Application of force
Can be the slightest touch, or an indirect force
21 of 33
Person of another
V's body, as well as their clothing
22 of 33
MR of battery
Intentionally or recklessly applyling unlawful force to the person of another
23 of 33
AR of s.47 of the OAPA
Assault occasioning actual bodily harm (ABH)
24 of 33
Assault (in terms of s.47 of the OAPA)
Common assault or battery
25 of 33
Occasioning
Causing - normal causation rules apply
26 of 33
MR of s.47 of the OAPA
Intention or recklessness to committing the initial assault or battery
27 of 33
AR of s.20 of the OAPA
Unlawful infliction of a wound of grevious bodily harm (GBH)
28 of 33
Wound
V's skin being cut, which results in blood loss
29 of 33
GBH
Serious harm
30 of 33
MR of s.20 of the OAPA
Intention or recklessness as to some harm
31 of 33
AR of s.18 of the OAPA
Unlawful infliction of a wound of grevious bodily harm (GBH)
32 of 33
MR of s.18 of the OAPA
Specific intent to wound or cause GBH or resist arrest
33 of 33

Other cards in this set

Card 2

Front

Failure to act

Back

Omission

Card 3

Front

The link between D's act and the criminal consequence

Back

Preview of the back of card 3

Card 4

Front

'but-for' test - but for D's act, would the consequences have occurred?

Back

Preview of the back of card 4

Card 5

Front

'Operating and substantial cause' test

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »