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Flashcards in Basic Principles of Criminal Liability Deck (8)
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1

what is a crime

"an action or omission which constitutes an offence and is punishable by the law"

2

what is common law

is law that is formed based on judicial precedent

3

what is meant by actus reus

the conduct/action of the offence

4

what is the mens rea of a crime?

Mental element of the act.

5

what did Ferguson Macdonald say about mens rea?

"An act is not criminal unless the mind is also criminal"

6

what is meant by the term 'causation'

the link between the accused's action and the resulting crime.

7

give a case example of causation

Kimminds v Normand 1993 "there was a causal connection between the denial and end result"

8

what is the phrase for intervening act, and what does it mean?

novus actus interveniens, the intervening act that breaks the chain of causation and diverts criminal liability