WJEC Eduqas A Level Law Book 1 sample

154 General elements of criminal liability The burden and standard of proof In a criminal case, the burden of proving guilt is on the prosecution. The standard to which it needs to prove this guilt is ‘beyond reasonable doubt’ . The standard of proof is higher in a criminal case than in a civil one, as the impact on a defendant of being found guilty of a criminal offence is much greater. It also supports the principle of ‘innocent until proven guilty’ and Article 6 EHCR (right to a fair trial). Elements of crime There are generally two elements required for the commission of a criminal offence: actus reus (the guilty act) and mens rea (the guilty mind). The general presumption is that a defendant must have committed a guilty act while having a guilty state of mind. A presumption is a starting point for the courts, which presume certain facts to be true unless there is a greater dominance of evidence to the contrary that rebuts the presumption. This supports the Latin tenet actus non facit reum nisi mens sit rea , which means the act does not make a person guilty unless the mind is also guilty. There are exceptions, which are explored in the section on strict liability (see page 160). Once this is established, causation needs to be proved, which looks at the link between the result and the conduct of the defendant. This topic will consider: • actus reus • omission • mens rea • factual causation • legal causation • strict liability. Spec reference Key content Assessment Objectives Where does this topic feature on each specification/exam? WJEC AS/A Level 3.13 : General elements of liability Eduqas AS Level 2.3.2: General elements of liability Eduqas A Level 2.3.2: General elements of liability • Burden and standard of proof • Actus reus (voluntary, involuntary conduct, consequences and omissions) • Mens rea (negligence, recklessness, intention), fault • Causation (legal and factual) • Strict liability AO1 Demonstrate knowledge and understanding of legal rules and principles AO2 Apply legal rules and principles to given scenarios in order to present a legal argument using appropriate legal terminology A03 Analyse and evaluate legal rules, principles, concepts and issues WJEC AS/A Level: Unit 3; Unit 4 Eduqas AS Level: Component 2 Eduqas A Level: Component 2; Component 3 The standard of proof in a civil case is ‘on the balance of probabilities’ and the burden of proof is on the claimant. GRADE BOOST causation (or ‘chain of causation’): connecting the actus reus and the corresponding result. For there to be criminal liability, there must be an unbroken chain of causation. There are two types of causation: legal and factual. KEY TERMINOLOGY