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Flashcards covering the key concepts and elements related to criminal liability, actus reus, mens rea, causation, and related legal principles.
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Actus Reus
The conduct or state of affairs prohibited by criminal law.
Mens Rea
The mental element necessary for committing a crime.
Causation
Proving that the acts of the accused caused a specific criminal result.
Continuing Acts
Legal principle that allows for the coincidence of actus reus and mens rea, even if initially accidental.
Automatism
A defense for lack of conscious control over actions, such as sleepwalking.
Reflex Action
Unintentional actions that occur as a reflex, impacting liability.
Innocent Agents
Cases where the accused was not acting at all; liability may be absent.
External Events
Circumstances beyond the accused's control that may affect liability.
Factual Causation
Determining if the accused's actions were a cause of the prohibited result.
Legal Causation
Choosing among the many 'but for' conditions to establish legal responsibility.
Thin Skull Rule
Principle that pre-existing characteristics of a victim do not negate causation.
Novus Actus Interveniens
An intervening act that breaks the chain of causation.
Mens Rea Transfers
The concept that mens rea for one crime may transfer to another unintended victim.
Recklessness
Involves unjustifiable risk-taking and can be subjective or objective in definition.
Strict Liability Offences
Statutory offences that do not require mens rea and impose liability for accidents or mistakes.