Law Unit 2: Criminal Liability - Underlying Principles definitions

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

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