Actus Reus Flashcards
what is the actus reus?
the physical element of a crime
what is a conduct crime?
where the accused conduct forms the crime
what is a consequence/result crime?
the result must happen for the offence to be a crime
what is it meant by the act must be voluntary nature?
the act or omission must be voluntary by the defendant
what is the case for voluntary nature?
r v hill v baxter
what are state of affair crimes?
defendant was convicted even though the act was not desired
what is the case for state of affair crimes?
r v Mitchell
what is an omission?
failure to act
what are the 6 omissions?
statutory duty
contractual duty
taken on voluntarily
relationship
chain of events
ones official position
statutory duty case?
road traffic act 1988
contractual duty case?
r v pittwood
relationship duty case?
r v gibbins and proctor
taken on voluntarily case?
r v stone and dobinson
chain of events case?
r v miller
duty of ones official position case?
airedale NHS trust v bland
what is causation?
has the defendant caused the death of the victim?
what is factual causation and the case which proves this?
the ‘but for’ test and the case is r v pagett
what is legal causation and what is th case that proves this
must be more than minimal cause and the substantial cause of the victims death the case is r v kimsey
what is the thin skull rule and the case involved?
take the victim as they are and the case is r v blaue
what are the 3 intervening acts and the cases involved?
act of a 3rd party- r v smith
victims own actions- r v Roberts
act of god
