Rules of Criminal Law (AQA A-Level Law): Flashcards

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Lord Atkin's definition of crime (1931 case)

Act prohibited with penal consequences

Two essential elements of crime

Must be prohibited & attract penal consequences

Actus non facit reum nisi mens sit rea (meaning)

An act is not guilty unless the mind is also guilty

Actus reus (AR)

Guilty act or external element of a crime

Mens rea (MR)

Guilty mind or mental element of a crime

Timing requirement for AR and MR

At the same time

Burden of proof in criminal law

The prosecution

Standard of proof in criminal law

Beyond all reasonable doubt (so that you are sure)

Capacity defences (what they argue)

Defendant couldn't form the mens rea

Necessity defences (what they acknowledge)

Defendant had excuse/justification for actions

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