Law Unit 2: Criminal Liability - Underlying Principles definitions 0.0 / 5 ? LawCriminal lawASAQA 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
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