Actus Reus
- Created by: georgiaball10
- Created on: 27-04-16 17:56
Other questions in this quiz
2. What is legal causation?
- The defendant must be the cause in law of the consequence. R v Smith established the operating and substantial cause test.
- The defendant must be 'in fact' the cause of the consequence. R v White established the 'but for' test.
- The defendant must be the cause in law of the consequence. R v White established the operating and substantial cause test.
- The defendant must be 'in fact' the cause of the consequence. R v Smith established the 'but for' test.
3. What is a novus actus interviens?
- An interviening act that breaks the chain of causation, such as act of 3rd party, victims own actions and natural but unpredictable event.
- An intervening act that makes the chain of causation, such as act of 3rd party, victims own act and natural but predictable event.
- Leave the victim as you find them - R v Blaue.
- The D can not be guilty for failing to act - Miller.
4. What is the general rule of omissions?
- A person CANNOT be guilty of an offence if they fail to act - Stephen's Digest of the Criminal Law (3rd Ed. 1887)
- A person CAN be guilty of an offence if they fail to act - Stone v Dobinson
5. What is factual causation?
- The defendant must be the cause in law of the consequence. R v Smith established the operating and substantial cause test.
- The defendant must be 'in fact' the cause of the consequence. R v White established the 'but for' test.
- The defendant must be the cause in law of the consequence. R v White established the operating and substantial cause test.
- The defendant must be 'in fact' the cause of the consequence. R v Smith established the 'but for' test.
Comments
No comments have yet been made