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Actus Reus
Fichas del conjunto (11)
- 1What is actus reus?The physical elemant of a crime that forms part of criminal liability.
- 2What can an actus reus be in the form of ?- an act
-an ommsion
- a state of affairs - 3What did Hill V Baxter say?If the defendant hasn't commited the act voluntarily, he has not commited the actus reus at all.
- 4What is causation?A series of rules which decide whether the act of the defendant caused the particular consequence.
- 5What is the chain of causation?- factual causation
-novus actus interviens
- legal causation - 6What is factual causation?Established in R V White. Uses the 'but for' test. 'But for the defendant putting poison in his mothers milk, she would have died anyway'.
- 7What is novus actus?This is an interviening act that breaks the change of causation. This can be done by:
-the act of a third party e.g. R V Cheshire
- the victims own act e.g. R V Roberts
-unpredictable and natural causes - 8What is legal causation?Sees who is the cause, using 'operating and substantial cause test' e.g. R v Hayward and R V Blaue.
This also has the thin skull rule which means 'take your victim as you find them'. - 9What is an ommision according to Stevens Digest of criminal law?An ommision is a failure to act up on something. The normal rule about ommisions is that a person cannot be guilty of an offence if they fail to act.
- 10What are the exceptions to the general rule?- a duty of care due to postion e.g. Dythem
- a duty to act because of a contract e.g. Pittwood
- a duty of care because of a relationship e.g. Gibbins V Proctor
- a duty to act after setting in motion a chain of events e.g. Miller
- a duty taken on voluntarily e.g. Stone - 11—
Información
- Descripción
- Actus Reus in criminal liability.
- Creado por
- Molly Hope
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