6591719
Description
Mind Map by Samara Ramnarine, updated more than 1 year ago
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Created by Samara Ramnarine
over 9 years ago
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ACTUS REUS ( part 2 )
- TYPES OF CRIMES
- CONDUCT CRIMES: Crimes
that do not require proof of
harm, only proof of some
form of wrongful conduct
- RESULT CRIMES: Require both wrongful
conduct and harm. Prosecution must also
prove causation
- RESULT CRIMES: Require both wrongful
conduct and harm. Prosecution must also
prove causation
- CONDUCT CRIMES: Crimes
that do not require proof of
harm, only proof of some
form of wrongful conduct
- ACCOUNTABILITY
- Where a person's voluntary act
initiates a causal sequence
which ends in harm, that person
will normally be held
accountable unless an act or
event later transpires which
renders a finding of
accountability inappropriate
- Where a person's voluntary act
initiates a causal sequence
which ends in harm, that person
will normally be held
accountable unless an act or
event later transpires which
renders a finding of
accountability inappropriate
- FACTUAL CAUSE: An event or act
which makes the difference between
something happening and something
not happening
- If the consequence would not have
happened just as it did, irrespective of the
defendant's act or omission, it is not caused
by the defendant
- If the consequence would not have
happened just as it did, irrespective of the
defendant's act or omission, it is not caused
by the defendant
- BREAKING THE CHAIN OF CAUSATION
- The chain of causation
linking act & result can
be broken by an act or
event which was
neither forseen nor
forseeable, or by the
volunatry actions of
the victim or third
party, whether
forseeable or not
- NEW ACTS INTERVENING - An intervening
act of a third party will break the COC if:
Voluntary, independant of the initial act
and suppiciant in itself to cause the
harm sufferend by the victim
- INTERVENING EVENTS - An intervening
event will break the chain of causation
if it is: Abnormal, independant of the
defendants act and sufficiant in itself
to cause the death or other harm
- INTERVENING EVENTS - An intervening
event will break the chain of causation
if it is: Abnormal, independant of the
defendants act and sufficiant in itself
to cause the death or other harm
- NEW ACTS INTERVENING - An intervening
act of a third party will break the COC if:
Voluntary, independant of the initial act
and suppiciant in itself to cause the
harm sufferend by the victim
- The chain of causation
linking act & result can
be broken by an act or
event which was
neither forseen nor
forseeable, or by the
volunatry actions of
the victim or third
party, whether
forseeable or not
- LEGAL CAUSE:
- PRINCIPLES OF APPLICATION - To be
the legal cause of a criminal harm,
the consequence must be the
consequence not merely of the
defendant's act, but of their wrongful
act
- PRINCIPLES OF APPLICATION - To be
the legal cause of a criminal harm,
the consequence must be the
consequence not merely of the
defendant's act, but of their wrongful
act
- SUPERVISING ACTS OF VICTIMS
- Supervising acts of the victim exacerbating
the harm
- Escape attempts
- Suicide
- Suicide
- Escape attempts
- Supervising acts of the victim exacerbating
the harm
- SUPERVISING ACTS OF THIRD PARTIES:
- Acts of third parties exacerbating harm
- Acts of third parties reacting tio danger
caused by A's act
- Acts of third parties reacting tio danger
caused by A's act
- Acts of third parties exacerbating harm
- DEATH PRECIPITATED BY THE
VICTIM'S VULNERABLE PHYSICAL /
MENTAL CONDITION
- Occasionally, the victim's death is
triggered by a combination of the
defendant's unlawful act and their
own physical / mental vulnerability
- Occasionally, the victim's death is
triggered by a combination of the
defendant's unlawful act and their
own physical / mental vulnerability
- PROBLEM CASES
- 1. Where more
than one cause
operates, the
initial wrongful
act of the
defendant is still
the legal cause if
it is still strongly
inflential on the
outcome
- 2. A later casual
contribution will mot
prevent the initial
cause being still
operative, unless it is
independant of the
initial act
- 2. A later casual
contribution will mot
prevent the initial
cause being still
operative, unless it is
independant of the
initial act
- 1. Where more
than one cause
operates, the
initial wrongful
act of the
defendant is still
the legal cause if
it is still strongly
inflential on the
outcome
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