ACTUS REUS
THREE WAYS TO PROVE ACTUS REUS
AN ACT
OMISSIONS
FAILURE TO PROVIDE A SPECIMEN OF BREATH IS AN OFFENCE
DUTY ARISING FROM CONTRACT
DUTY ARISING FROM SPECIAL RELATIONSHIP
DUTY ARISING THROUGH PUBLIC DUTY
DUTY ARISING FROM DANGEROUS PRIOR CONDUCT
(chain of events)
VOLUNTARILLY ASSUMING A DUTY AND FAILING TO CARRY THEM OUT PROPERLY
CAUSATION
FACTUAL CAUSATION
LEGAL CAUSATION
INTERVENING ACT
TEST FOR INTERVENING ACTS
ACT OF VICTIM
ACTIONS OF A THIRD PARTY
NATURAL BUT UNPREDICTABLE EVENT
THIN SKULL TEST
MENS REA
INTENTION
DIRECT INTENTION
OBLIQUE INTENTION
MATTHEWS AND ALLEYNE (2003)
SUBJECTIVE RECKLESSNESS
TRANSFERRED MALICE
R v LATIMER (1886)
R v PEMBLITON (1874)
COINCIDENCE OF ACTUS REUS AND MENS REA
(CONTEMPORANEITY)
R v FAGEN
R v THABO MELI (1954)
WHEN THE MENS REA OCCURS BEFORE THE ACUS REUS...
WHEN THE ACTUS REUS OCCURS BEFORE THE MENS REA...
STRICT LIABILITY
WHAT CASES ARE EXAMPLES OF STRICT LIABILITY?
WHICH OFFENCES ARE STRICT LIABILITY?
DISADVANTAGES OF STRICT LIABILITY
JUSTIFICATION OF STRICT LIABILITY
HARROW LONDON BOROUGH COUNCIL v SHAH
GAMMON TEST (1)
GAMMON TEST (2)
GAMMON TEST (3)
GAMMON TEST (4)
GAMMON TEST (5)
SWEET v PARSLEY
S.39 Criminal Justice Act
(COMMON ASSAULT)
CPS Charging Standards
COMMON ASSAULT - ACTUS REUS
COMMON ASSAULT - MENS REA
COMMON ASSAULT - CASE
COMMON ASSAULT - SENTENCE
S.39 CRIMINAL JUSTICE ACT 1988
(BATTERY)
CPS charging standards
BATTERY - ACTUS REUS
BATTERY - MENS REA
BATTERY - CASE
BATTERY - SENTENCE
S.47 OFFENCES AGAINST THE PERSON ACT 1861
(ASSSULT OCCASIONING ABH)
CPS charging standards
ASSAULT OCCASIONING ABH - ACTUS REUS
ASSAULT OCCASIONING ABH - MENS REA
ASSAULT OCCASIONING ABH - CASE
ASSAULT OCCASIONING ABH - SENTENCE
S.20 OFFENCES AFAINST THE PERSONS ACT 1861
(MALICIOUS WOUNDING OR CAUSING GBH)
CPS Charging Standards
MALICIOUS WOUNDING OR CAUSING GBH - ACTUS REUS
MALICIOUS WOUNDING OR CAUSING GBH - MENS REA
MALICIOUS WOUNDING OR CAUSING GBH - CASE
MALICIOUS WOUNDING OR CAUSING GBH - SENTENCE
S.18 OFFENCES AGAINST THE PERSONS ACT 1861
(MALICIOUS WONDING OR CAUSING GBH WITH INENT)
CPS Charging Standards
MALICIOUS WONDING OR CAUSING GBH WITH INENT - ACTUS REUS
MALICIOUS WONDING OR CAUSING GBH WITH INENT - MENS REA
MALICIOUS WONDING OR CAUSING GBH WITH INENT - CASE
MALICIOUS WONDING OR CAUSING GBH WITH INENT - SENTENCE