Actus Reus

Actus Reus

1. A notion of a guilty act

   • physicality of an act

2. factual causation

   • 'but for test'
     • e.g: 'but for' D did ________, V wouldn't have ______
     • R v Pagett (1983)

3. legal causation

   • prove that they were more than a minimal cause of death / injury
     • D was more than a minimal cause o fV's death because of "______"
     • R v Kimsey ( 1996)

4. can be an omission or a comission

   • omission is failure to do something to law requires
     • in the Uk there is no good samaritan law
       • no requirement to help people
   • comission is doing something the law prohibits

5. involuntary acts

   • panic
   • intoxication
   • seizure
   • sneezing
   • stung
   • sleep walking

6. cardicnal principle: Actus non facit reum nisis mens sit rea

   • means no act is punishable unless it's performed with a criminal mind

7. novus actus intervenus

   • palpably wrong medical treatment or refusal
   • from the victims own fear
   • from an unreasonable reaction

8. thin skull rule

   • if V had illness that made them more vulnerable, D is still liable
     • D must take V as they find them

9. omissions

   • failure to act
   • dutys of care
     • out of a special relationshio
     • out of a contract (work)
     • creation of a dangerous situation
     • assumption of care for another
     • an official position