4852860
Description
Flashcards by Molly Hope, updated more than 1 year ago
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Created by Molly Hope
about 8 years ago
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| Question | Answer |
| What is actus reus? | The physical elemant of a crime that forms part of criminal liability. |
| What can an actus reus be in the form of ? | - an act -an ommsion - a state of affairs |
| What did Hill V Baxter say? | If the defendant hasn't commited the act voluntarily, he has not commited the actus reus at all. |
| What is causation? | A series of rules which decide whether the act of the defendant caused the particular consequence. |
| What is the chain of causation? | - factual causation -novus actus interviens - legal causation |
| What 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'. |
| What 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 |
| What 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'. |
| What 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. |
| What 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 |
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