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Flashcards in Types of crimes Deck (7)
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1
Q

what is Strict liability and examples?

A
  • Where the MR for the crime is not needed
  • Section 58(2) Medicines Act 1958 means the selling of medical products no MR is required if they go wrong
  • Section 4 Road traffic Act 1988 means driving or attempting to drive under influence does not require MR
  • This makes an offence easier to prove
2
Q

What are result crimes and an example?

A
  • Where a result must have occurred before D can be guilty

- S47 OAPA 1861, assault occasioning ABH

3
Q

What are Conduct crimes and an example?

A
  • Were there is no specified result that the prosecution has to prove
  • Instead prosecution only has to prove that D participated in a particular type of conduct or acted in a certain way
  • Section 1 Perjury Act 1911 where it is an offence for witnesses to make false statements
4
Q

What are state of affairs crimes and an example?

A
  • Where there is no requirement of a particular crime or conduct
  • It is enough for the prosecution to show that a state of affairs exists
  • Section 4(1) Road traffic act 1988 where even if someone has no intention of driving if they are found in a state of affairs such as sleeping in the car they can be found guilty
5
Q

Miller 1983

A
  • Omissions
  • Started a chain of events
  • Squatter who set fire accidentally and then moved to a different room
6
Q

Fagan 1969

A
  • Man drove onto Police officer’s foot and failed to remove the car when asked
  • Omission
7
Q

What is meant by asking the Normative question?

A
  • Looking at the way something should be as the ‘ideal’