chapter 19 actus reus and causation Flashcards
process of causation
factual cause-but for
legal cause-operating and substantial cause
Novus actus interveniens-victims own act
act of god
3rd party act
what is the factual case?
use the but for test-if it wasn’t for the defendants conduct the victim wouldn’t have suffered
what is the legal cause?
more than one act made by people that contributes to the consequence however defendant guilty if more than minimal cause of consequence
what is a novus actus interveniens?
new and intervening act that could break the chain of causation
what is the victims own act?
if the defendant causes the victim to react in a reasonably foreseeable way then any injury to the victim the defendant will be liable for
what is actus reus?
physical element or prohibited conduct of a crime
what are conduct crimes?
not necessary for any consequence to be proved eg.robbing a bank
what are consequence crimes?
prohibited conduct must result in a consequence
state of affairs crimes
defendant is responsible e.g.. having an offensive weapon in a public place
voluntary nature of actus reus
the act or omission must be voluntary and the defendant has chosen to do it
case-r v Mitchell old man was punched and fell into an old woman who died a few days later
involuntariness
defendants have been convicted even though they didn’t act voluntarily
case-R v Larsonneur defendant had been ordered to leave the uk so she went to eire but the irish police deported her back to uk where she got arrested
what is the good samaritan law
makes a person responsible for helping people in an emergency situations even though they are complete strangers
how can the chain of causation be broken
1.an act of a third party
2.the victims own act
3.a natural but unpredictable event
case for factual cause
R v Pagett
case for legal cause
R v Kimsey
