ACTUS REUS mindmap LAW 03

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  • Created by: abic1
  • Created on: 21-02-18 17:43
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  • ACTUS REUS
    • PHYSICAL ELEMENT OF THE OFFENCE
      • THEFT AR: appropriate property belonging to another
    • Must have the actus reus for criminal liability
    • Must be committed voluntarily
    • TYPES OF CRIME
      • CONDUCT: if a defendant does a certain act, eg possession of drugs
      • CONSEQUENCE: must show more than just conduct, murder = dead body
      • CIRCUMSTANCE: a being rather than doing offence, driving dangerously only offence if on public highway
        • WINZAR v CHIEF CONSTABLE OF KENT 1983
      • OMISSION: failing to act
        • where the statute lays it down: ROAD TRAFFIC ACT 1988
        • duty under contract to act: ADOMAKO
        • status or position: DYTHAM
        • duty because relationship: GIBBINS & PROCTOR
        • voluntary assumed responsibility: STONE & DOBINSON
        • dangerous situation caused and failed to put right: MILLER
    • Must be a factual and legal cause of consequence to be guilty
    • FACTUAL CAUSE
      • Use the "but for?" test
      • But for the defendant's actions would the consequence have happened? NO = guilty YES = not guilty
      • is a factual cause: CHESHIRE
      • is not a factual cause: WHITE
    • LEGAL CAUSE
      • something that happens after the defendant's original act that might break the chain of causation
      • must be significant or substantially independent of the defendant's act to break the chain
        • actions of medical practitioners
          • did not break chain as wounds still operating: SMITH
          • did not break chain as not significantly independent of defendant's acts: CHESHIRE
          • did break chain of causation as palpably wrong treatment: JORDAN
        • intervening actions by the victim
          • do not break chain if reasonably foreseeable: ROBERTS
          • does break chain if not reasonably foreseeable: WILLIAMS
        • life support
        • intervening actions by third parties
          • doesn't break chain if reasonably foreseeable: PAGETT
        • failiure to treat own injuries
          • not break chain: HOLLAND
        • thin skull rule
          • take your victim as you find them: BLAUE
        • voluntary actins by the victim
          • voluntary act by the victim does break the chain: KENNEDY
        • acceleration principle
          • still liable even if only accelerate death by days: ADAMS

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