18 Questions
What must the prosecution establish to secure a conviction in criminal law?
Guilty conduct and state of mind by the defendant
Which of the following is NOT part of actus reus?
Factual causation
In criminal law, what does actus reus refer to?
A positive act by the defendant or certain circumstances flowing from the defendant's conduct
Which test is commonly used to determine factual causation in criminal cases?
'But for' test
What is required for a defendant to be liable for a criminal offence?
Proof of actus reus of the offence
Which is an essential element in securing a conviction in criminal law?
'But for' causation
What does the presumption that courts should 'read in words appropriate to require mens rea' aim to achieve?
To align with the will of Parliament by ensuring criminal intent is considered
Under what circumstances can the presumption requiring mens rea be overturned?
When there is a reason to believe mens rea is not necessary
When a statute is silent on mens rea, what action must the court take to establish Parliamentary intention?
Go outside the wording of the Act
What does the concept of 'Ignorance of the criminal law is never a defence' imply?
Defendants can never claim they didn't know something was illegal
How does the court view a defendant's mistake of fact in relation to innocence?
More unreasonable mistakes are less likely to be deemed honest
Why is it important for actus reus and mens rea to coincide in time?
To avoid confusion in establishing criminal liability
What is required for the defendant's mens rea in the most serious non-fatal offence against the person under section 18 of the Offences Against the Person Act 1861?
Intention to cause grievous bodily harm
What kind of harm must the defendant intend to cause under section 18 of the Offences Against the Person Act 1861?
Grievous bodily harm
In which offence is it not necessary to prove that the defendant foresaw the exact nature or really serious harm that would occur?
Actual Bodily Harm
Under what circumstances can a person be guilty of an offence under section 18 of the Offences Against the Person Act 1861?
By unlawfully and maliciously causing grievous harm with intent to resist lawful apprehension
Which factor contributes to making an offence more serious under section 18 of the Offences Against the Person Act 1861?
The mens rea requiring intention
What type of offence is section 18 of the Offences Against the Person Act 1861, in terms of its severity?
Indictable offence with life imprisonment as maximum penalty
Learn about the presumption that courts should 'read in words appropriate to require mens rea' in statutory interpretation. Explore how the presence of social stigma and penalty severity affects the requirement of mens rea. Delve into cases where this presumption can be overturned.
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