ACTUS REUS mindmap LAW 03
- 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
- actions of medical practitioners
- PHYSICAL ELEMENT OF THE OFFENCE
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