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CRIMINAL LIABILTY
To prove someone is guilty of committing a crime you must have actus
reus and mens rea.

ACTUS REUS
Actus Reus means Guilty Act.
This act can be a voluntary act, which means they did it out of their own free will or
an omission which means a…

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CAUSATION ( five times in 5/6 papers)
Causation is establishing the link between act and consequence (A Chain of Causation)


FACTUAL CAUSATION

When establishing the actus reus Factual causation must be identified/established first.
A factual causation is where the 'But for' test can be applied:
But for the Defendants actions…

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INTERVENING ACT(s) ­ NOVUS ACTUS INTERVENUS
Actions of a Third Party
When the sole cause of the death/injury is a completely independent act


Malcherek The operating and substantial cause of death had been the original wounds
caused by D, there was no break in the chain of causation
Cheshire
White…

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Direct intention occurs when the consequence is the defendants
aim or purpose

Mohan case gave definition of direct intention, it was said that direct
intention is a decision to bring about the criminal consequence, no matter if
the D wanted that consequences of his act or not

Oblique intention occurs…

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Fagan V MPC Continuing act, there was coincidence of the actus reus and
mens reus when the mens rea was later formed

Thabo Meli Mens rea was formed the first act and continued over a series of
acts and a consequence seven days later

Church Mens rea continued even after…

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SL Offences Introduced

To provide basic saftey to the public
To make convictions easier as NO MENS REA is needed to be
proven
Created during industrial revolutions as factory owners were getting
away as there was no mens rea.
Makes regulations striaghtforward and clear
Quasi crimes not 'truley criminal'
Act…

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Statute must clearly exclude mens rea: presumption applies to statutory
offences and can be displaced only if this clearly or by necessary implication
the effect of the statue
Only for Public Safety or Social Concern: only situation in which the
presumption can be displaced is where the statue is concerned…

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ACTUS REUS OF ASSAULT
Act that causes the victim to apprehend the infliction of immediate unlawful
harm this can be committed with the intention of causing fear or recklessness
as to whether fear is caused.
THREE ELEMENTS OF ACTUS REUS
1) Causing the victim to apprehend violence ( there is…

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Savage ­ direct or oblique intention as to causing immediate, unlawful fear in the
victim that he might suffer some harm also, subjective (Cunningham) recklessness
as to causing immediate, unlawful fear in the victim that he might suffer some harm














Battery

The unlawful application of force to another, force can…

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Haystead The defendant committed a battery against a woman when he punched
her. He also committed a battery against her child when it fell out of her arms
onto the floor, even though there was no direct contact between Haystead and the
child.










ACTUS REUS OF BATTERY
Thomas where D…

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