Actus Reus

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Omission - Definition
Failure to fulfil a duty. (e.g. a policeman).
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State of Affairs - Definition
To be something (e.g. an immigrant).
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Result Crime - Definition
An effect or event which resulted from your actions. The "but for test" can be used to prove this.
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Action Crime - Definition
A pure physical act, which can be proved using a witnesses testimony or physical evidence.
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Actus Reus - Definition
In Latin, "a wrongful act".
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Mens Rea - Definition
In Latin, "the guilty mind".
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Contemporaneity Rule - Meaning
The Actus Reus and Mens Rea must occur simultaneously.
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Fagan 1967
A driving car was called to pull over by a policeman who's foot got ran over as the car reversed. The driver was initially unaware until he realised and insulted the officer; left the car and walked away.
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Fagan - Result/ Outcome
Arguably, Fagan was guilty because when the crime was committed, there was no Mens Rea. But the court decided because he later realised, as the wheel was still on the mans foot. They said a continuous Actus Reus was met the the by the Mens Rea.
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Kaitamaki
Had consensual sex with his parter who later decided to revoke her consent however Kaitamaki continued.His girlfriend claimed this was ****.
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Kaitamaki - Outcome
Even though at first he never had a Mens Rea of ****, later he had the Mens Rea of **** and the Actus Reus of penetration.
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Causation - Definition
Applies to result crimes. The AR must cause the result. E.g. A hits B with a brick. B dies later. However if the chain of causation breaks (somebody stabs him harshly after) the chain is broken and A is not guilty of murder.
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Factual Causation - Definition
The 'but for' test can be used (e.g. but for the action of A, the result would never had happened). Mr White was the only case that failed this test.
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Novus Actus Intervenium
A broken chain of causation. An new act that intervenes into the chain.
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Mr White
Wanted to poison his mother with arsenic in her tea. However she died of a heart attack anyway. Was found not guilty for murder.
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Barnet Vs Kensington at Chelsea HMC
Barnet felt sick, went to hospital who told him to take aspirin. He died. His widow sued the nurse he was seen by for negligence. The autopsy showed he was poisoned with Arsenic by his wife.
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DE MINIMES
The original injury can't be a minimal contribution to a death (e.g. a paper cut to somebody who bleeding to death)
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Legal Causation
The original injury must be a substantial to the death or result (e.g mental disability).
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Smith 1959
Two soldiers had a supposedly friendly fight where one was stabbed insignificantly, but was dropped twice on the way to treatment and received poor treatment. The soldier died.
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Smith 1959 - Result
Smith claimed he wasn't guilty via Novus Actus Intervenium. However the court found him guilty.
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Malcharek and Steel
Both put victims on life support. In both vases the doctor turned of life support. Both were charged with murder but then this was revoked via Novus Actus Intervenium.
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Jordan
Stabbed victim who went to hospital and recovered. She was given penicillin and had a allergic reaction and died.
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Jordan - Result
Jordan was guilty according to the 'but for' test however he was not guilty via Novus Actus Intervenium.
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Forseeability Rule
If the Novus Actus Intervenium is foreseeable there is no chain break.
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Pagett 1986
Pagett was an armed man running from the police and forced a girl into a corner and threatened to shoot her unless they stop. He then aimed towards the police who shot towards him killing the girl. This was foreseeable so Pagett was guilty.
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Thin Skull Rule - Meaning
A noticeable, acknowledged or known weakness of a victim before a result crime or action crime.
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Dear 1996
A daughter claimed a suicidal man had made dirty threats towards her. The father Mr Dear responded by going to this mans house and cutting his arms multiple times with a knife and left. The man could have survived but responded by trying to bleed out
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Dear 1996 (continued)
This failed and so whenever a scab formed he'd peel it. This failed so later he made this more effective by rubbing it with faeces and so he died of blood poisoning.
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Dear - Result
Even though there was an unforeseeable Novus Actus Intervenium. Mr Dear was found guilty of murder by the Thin Skull Rule
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Blaue
Stabbed a young girl insignificantly and punctured her lung. She could have survived via blood transfusion however she was Jehovah's Witness. Blaue was found guilty via the Thin Skull Rule.
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Other cards in this set

Card 2

Front

State of Affairs - Definition

Back

To be something (e.g. an immigrant).

Card 3

Front

Result Crime - Definition

Back

Preview of the front of card 3

Card 4

Front

Action Crime - Definition

Back

Preview of the front of card 4

Card 5

Front

Actus Reus - Definition

Back

Preview of the front of card 5
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