Actus Reus Flashcards
What is actus reus?
The physical element, usually a positive and voluntary act
What case tells us that the AR is usually a positive and voluntary act?
Hill V Baxter
What is an ommission?
A failure to act when there is a duty to do so.
What are the 5 duties?
- special relationship
- assumption of responsibility
- dangerous situation
- official position
- contractual
What does the case of Gibbins and Proctor tell us?
There is a duty through special relationship
What does the case of Stone and Dobinson tell us?
There is a duty through an assumption of responsibility
What does the case of Dytham tell us?
There is a duty through an official position
What does the case if Miller tell us?
There is a duty through creating a dangerous situation
What does the case of Pittwood tell us?
There is a duty through contractual obligation
What is factual causation?
‘but for’ test
What is the ‘but for’ test?
‘but for’ the defendants conduct would the consequence have occurred as and when it did
What case determines the ‘but for’ test?
R V White
What components make up legal causation?
-The De Minimis Principle
- Intervening Acts
Thin Skull Rule
What is the De Minimis Principle?
The defendant can only be guilty if his conduct was a ‘more than minimal’ cause of the consequence
What case determines the De Minimis Principle?
R v Kimsey
