AS LAW02: 7 Areas of Liability

  • Actus Reus
  • Ommisions
  • Mens Rea
  • Causation
  • Strict Liability
  • Transferred Malice
  • Contemprainty Rule
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  • Created by: khadija
  • Created on: 08-11-11 14:24

Actus Reus

This is the Act part of the crime/ Physical element. E.g. Pulling trigger or punching someone.

Must be volountary meaning D is in control of his actions. Lord Denning gave a hypothetical theory showing automatism where the driver loses control because he get stung by swarm of bees, struck on the head by a stone or has a heart attack (Hill V Baxter)

Some crimes are 'being' rather than 'doing' E.g. Winzor, drunk in hospital removed onto high way. Held= Guilty for being drunk on the highway

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Ommisions

This is another way of commiting the actus reus, normally actus reus requires positive act → Because we dont have a good samartian law

Ommisions is a failure to act

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