Criminal law

Criminal liability normally requires actus reus and ______.

mens rea

Actus reus means the ______ element of a crime.

physical

Mens rea means the ______ element of a crime.

mental

The prosecution normally has to prove both actus reus and mens ______.

rea

The prosecution must prove the defendant's guilt ______ doubt.

beyond reasonable

The burden of proving the defendant's guilt normally rests on the ______.

prosecution

The actus reus must usually be a voluntary ______.

act

An involuntary act may mean that the defendant lacks the required ______.

actus reus

An omission means a failure to ______.

act

A person is not normally criminally liable for simply failing to help a stranger because there is usually no legal ______ to act.

duty

A person may be liable for an omission if they have a recognised legal ______ to act.

duty

A duty to act may arise from a ______ relationship.

special

A duty to act may arise when a person has voluntarily assumed ______ for another.

responsibility

A duty may arise when a person creates a ______ situation.

dangerous

Factual causation asks whether the result would have happened ______ the defendant's conduct.

without

Legal causation requires the defendant's conduct to be more than a ______ cause of the result.

minimal

The defendant's conduct must be an operating and substantial ______ of the result.

cause

A new event that breaks the chain of causation is called a ______ intervening act.

novus actus

The victim's own actions may break the chain of ______ in some circumstances.

causation

Mens rea is the required ______ state of mind for a crime.

mental

Intention can be direct or ______.

oblique

Direct intention exists when the defendant's aim or ______ is to bring about the result.

purpose

Oblique intention may exist when the result is a virtually ______ consequence of the defendant's act.

certain

Recklessness requires the defendant to be aware of a ______ risk.

risk

The risk must be ______ and unreasonable.

unreasonable

A person is reckless if they take an unjustified ______ of a risk.

risk

Criminal negligence focuses on a serious failure to meet the required ______ of care.

standard

For some crimes, the prosecution does not need to prove mens rea for every element. These are called ______ liability offences.

strict

Assault is committed when the defendant intentionally or recklessly causes another person to ______ immediate unlawful violence.

fear

The victim of assault must apprehend immediate unlawful ______.

violence

Battery involves the intentional or reckless application of unlawful ______.

force

Battery can involve even a very small amount of unlawful ______.

force

Unlawful force can be applied directly or ______.

indirectly

Consent may make physical contact ______.

lawful

Consent must be given freely and with sufficient ______.

capacity

Consent may be limited by the terms or ______ of the consent given.

scope

For murder, the victim must be a person who is ______.

unlawfully killed

The actus reus of murder is the unlawful ______ of another person.

killing

Murder requires an intention to kill or cause ______ bodily harm.

serious

The victim must be killed under the Queen's ______.

peace

Murder requires the necessary mens rea at the time of the ______ act.

killing

Voluntary manslaughter is murder reduced because a partial ______ applies.

defence

The two main partial defences to murder are loss of control and ______ responsibility.

diminished

Loss of control replaces the old defence of ______.

provocation

Loss of control requires the defendant to have lost their ability to exercise ______ judgement.

rational

The loss of control must result from a qualifying ______.

trigger

A qualifying trigger may involve fear of serious ______.

violence

A qualifying trigger may involve things said or done that caused the defendant to have a justifiable sense of being seriously ______.

wronged

The defendant must have a loss of ______ rather than simply acting from revenge.

control

Diminished responsibility requires an abnormality of ______.

mental functioning

The abnormality of mental functioning must arise from a recognised ______ condition.

medical

The abnormality must substantially impair the defendant's ability to understand their conduct, form a rational ______, or exercise self-control.

judgement

The abnormality must provide an ______ explanation for the killing.

explanation

Constructive manslaughter requires an unlawful and ______ act.

dangerous

The dangerous act must create a risk of some ______ harm.

physical

The defendant must commit the dangerous act ______.

intentionally

Gross negligence manslaughter requires a duty of ______.

care

The defendant must breach the duty of care in a way that creates a serious and obvious risk of ______.

death

The negligence must be so serious that it is considered ______.

gross

Rape requires intentional penetration of the vagina, anus or ______ with a penis.

mouth

The penetration must be sexual and without the victim's ______.

consent

The defendant must not reasonably believe that the victim ______.

consents

The question of reasonable belief in consent is judged using all the ______.

circumstances

Consent means agreeing by ______ to the sexual activity.

choice

A person must have the ______ to make that choice.

freedom

A person must have the ______ to make that choice.

capacity

Sexual assault involves intentional sexual ______ of another person.

touching

The touching in sexual assault must be without the victim's ______.

consent

Theft is the dishonest appropriation of property belonging to another with the intention of permanently ______ the other of it.

depriving

Appropriation means an assumption of the rights of an ______.

owner

Property for theft purposes includes money and other forms of ______ property.

tangible

Property must belong to ______ for theft to be committed.

another

A person can steal property even if they have some ______ or control over it.

ownership

Dishonesty is judged by considering the defendant's actual ______ and then applying the legal test.

knowledge

The defendant must intend to permanently ______ the other person of the property.

deprive

Treating property as one's own to dispose of regardless of the owner's rights can show an intention to permanently ______ the owner.

deprive

An attempt occurs when a person does an act that is more than merely ______ to committing the full offence.

preparatory

The defendant must have the required ______ for the full offence.

mens rea

The defendant must intend to commit the full ______.

offence

An attempt is an ______ offence because the full crime has not been completed.

inchoate

A person cannot normally be guilty of attempting an offence that is legally ______.

impossible

Insanity is a defence based on a defect of ______.

reason

The insanity rules require the mental condition to come from a disease of the ______.

mind

Automatism involves involuntary conduct where the defendant has no ______ control over their actions.

voluntary

Insane automatism is caused by an internal factor, while non-insane automatism is caused by an ______ factor.

external

Intoxication may be relevant to whether the defendant formed the required ______.

mens rea

Voluntary intoxication is generally not a defence to a crime of ______ intent.

basic

Voluntary intoxication may sometimes prevent the formation of ______ intent.

specific

Involuntary intoxication may provide a defence if the defendant did not form the required ______.

mens rea

Duress involves threats of death or serious ______.

injury

For duress, the threat must normally be made against the defendant or another ______.

person

Duress is generally unavailable as a defence to ______.

murder

Self-defence allows reasonable force to protect oneself or another from an ______ attack.

unlawful

The force used in self-defence must be ______ in the circumstances as the defendant believed them to be.

reasonable

The defendant does not have to wait to be ______ before using reasonable defensive force.

attacked

Excessive force in self-defence may cause the defence to ______.

fail

Duress of circumstances may apply when a person commits an offence because of a threat of ______ or serious injury.

death

Necessity involves committing an offence to avoid a greater ______.

harm

The defence of necessity is limited and does not normally apply simply because the defendant believes the offence would be ______.

useful

An accessory is a person who intentionally ______ or encourages another person to commit a crime.

assists