Actus Reus

Molly Hope
Flashcards by Molly Hope, updated more than 1 year ago
Molly Hope
Created by Molly Hope about 5 years ago
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Actus Reus in criminal liability.

Resource summary

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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