Actus reus
- Created by: feroshxo
- Created on: 04-02-16 21:19
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- Actus Reus
- The definition
- Guilty Act
- Physical element
- Must be voluntary
- Guilty Act
- The AR can be
- An act
- An omission
- A state of affairs
- Larsonneur 1933
- Causation
- 1- factual casation
- But for test
- 2- legal causation
- Operating and substantial cause
- 1- factual casation
- Novus Actus Interveniens
- A 3rd parties act
- The victims own act
- A natural event
- Omissions
- General rule is that there is no liability for an omission
- In the UK there is no good aamaritan law
- Duties of care
- A statutory duty e.g. Terrorism Act 2000
- A contractual duty e.g. Pittwood 1902
- A duty because of a relationship e.g. Gibbons and Proctor 1918
- A duty that has been taken on voluntarily e.g. Stone V Dobinson 1977
- A duty through ones official position e.g. Dytham 1979
- Creating a dangerous situation e.g. Miller 1983
- General rule is that there is no liability for an omission
- The definition
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