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Actus Reus: Omissions Essay Plan

Introduction: The actus reus is the physical
element of a crime. It can be an act, omission or a
`state of affairs'. In most cases the actus reus will
be something the defendant does but there are
situations in which a failure to act is…

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Proctor (1918) where the father and his partner 2. The jury then deciding whether the duty
kept a child separate from their other children and exists.
deliberately starved her to death. They were both 3. The jury then finally deciding whether that
convicted of murder; the omission of not feeding…

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he had committed the actus reus for arson. The to do a positive act ­ but instead fail to do
House of Lords held that the defendant was only something ­ the prosecution does not have to
expected to take reasonable steps; he did not prove mens rea. This is…

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Actus Reus: Causation Essay Plan

Introduction: Where a consequence must be
proved, then the prosecution has to show that
the defendant's conduct was the factual cause of
that consequence, it was the legal cause of that
consequence and there was no intervening act
which broke the chain of causation.

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E.g. A defendant stabbed a victim but whilst the defendant's action was the cause of death so,
going to hospital the ambulance crashes and kills on that basis, should be liable.
the victim. However, this opens the question as to what
Under the "but for" test it could be argued…

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which caused the death. The defendant was not
In the first two cases the doctors were carrying
out treatment in an attempt to save the victim's
life. The victims would not have needed this
treatment had it not been for the defendant's
actions. In such situations the defendant is…

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