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Criminal Law > Actus Reus > Flashcards

Actus Reus Flashcards

1
Q

what is the actus reus?

A

the physical element of a crime

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2
Q

what is a conduct crime?

A

where the accused conduct forms the crime

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3
Q

what is a consequence/result crime?

A

the result must happen for the offence to be a crime

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4
Q

what is it meant by the act must be voluntary nature?

A

the act or omission must be voluntary by the defendant

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5
Q

what is the case for voluntary nature?

A

r v hill v baxter

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6
Q

what are state of affair crimes?

A

defendant was convicted even though the act was not desired

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7
Q

what is the case for state of affair crimes?

A

r v Mitchell

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8
Q

what is an omission?

A

failure to act

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9
Q

what are the 6 omissions?

A

statutory duty
contractual duty
taken on voluntarily
relationship
chain of events
ones official position

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10
Q

statutory duty case?

A

road traffic act 1988

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11
Q

contractual duty case?

A

r v pittwood

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12
Q

relationship duty case?

A

r v gibbins and proctor

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13
Q

taken on voluntarily case?

A

r v stone and dobinson

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14
Q

chain of events case?

A

r v miller

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15
Q

duty of ones official position case?

A

airedale NHS trust v bland

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16
Q

what is causation?

A

has the defendant caused the death of the victim?

17
Q

what is factual causation and the case which proves this?

A

the ‘but for’ test and the case is r v pagett

18
Q

what is legal causation and what is th case that proves this

A

must be more than minimal cause and the substantial cause of the victims death the case is r v kimsey

19
Q

what is the thin skull rule and the case involved?

A

take the victim as they are and the case is r v blaue

20
Q

what are the 3 intervening acts and the cases involved?

A

act of a 3rd party- r v smith
victims own actions- r v Roberts
act of god

Criminal Law (14 decks)

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