Mind map
Actus Reus
Map content
Actus Reus
A notion of a guilty act
- physicality of an act
factual causation
- 'but for test'
- e.g: 'but for' D did ________, V wouldn't have ______
- R v Pagett (1983)
- 'but for test'
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)
- prove that they were more than a minimal cause of death / injury
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
- in the Uk there is no good samaritan law
- comission is doing something the law prohibits
- omission is failure to do something to law requires
involuntary acts
- panic
- intoxication
- seizure
- sneezing
- stung
- sleep walking
cardicnal principle: Actus non facit reum nisis mens sit rea
- means no act is punishable unless it's performed with a criminal mind
novus actus intervenus
- palpably wrong medical treatment or refusal
- from the victims own fear
- from an unreasonable reaction
thin skull rule
- if V had illness that made them more vulnerable, D is still liable
- D must take V as they find them
- if V had illness that made them more vulnerable, D is still liable
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