Actus Reus

Created by: georgiaball10
Created on: 27-04-16 17:56

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)

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What are the 5 exceptions to the general rule of omissions with cases

A contractual duty - Pitwood, Because of a relationship - Gibbins and Proctor, Taken on voluntarily - Stone and Dobinson, Official position - Dytham, set in motion a series of events - Miller

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What is factual causation?

The defendant must be 'in fact' the cause of the consequence. R v White established the 'but for' test.

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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.

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What is the thin skull rule?

Take your victim as you find him - R v Blaue, R v Hayward.

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What is a voluntary act?

Hill v Baxter - if the D has not committed the act or omission voluntarily, he has not committed the actus reus at all.

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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.

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What is victims own act?

Where the act is of the victim, the chain of causation will not be broken unless the victim's actions are disproportionate or unreasonable in the circumstances - Roberts/Williams

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What is an act of a 3rd party?

Usually comes from medical negligence, however, it is unlikely to break the chain unless it is so patent in causing death that D's acts are insignificant - R v Smith

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Actus Reus

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Card 2

Front

What are the 5 exceptions to the general rule of omissions with cases

Back

A contractual duty - Pitwood, Because of a relationship - Gibbins and Proctor, Taken on voluntarily - Stone and Dobinson, Official position - Dytham, set in motion a series of events - Miller

Card 3

Front

What is factual causation?

Back

Card 4

Front

What is legal causation?

Back

Card 5

Front

What is the thin skull rule?

Back

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Actus Reus