Actus Reus

Actus Reus

A notion of a guilty act
1. physicality of an act
factual causation
1. 'but for test'
  1. e.g: 'but for' D did ________, V wouldn't have ______
  2. R v Pagett (1983)
legal causation
1. prove that they were more than a minimal cause of death / injury
  1. D was more than a minimal cause o fV's death because of "______"
  2. R v Kimsey ( 1996)
can be an omission or a comission
1. omission is failure to do something to law requires
  1. in the Uk there is no good samaritan law
    1. no requirement to help people
2. comission is doing something the law prohibits
involuntary acts
1. panic
2. intoxication
3. seizure
4. sneezing
5. stung
6. sleep walking
cardicnal principle: Actus non facit reum nisis mens sit rea
1. means no act is punishable unless it's performed with a criminal mind
novus actus intervenus
1. palpably wrong medical treatment or refusal
2. from the victims own fear
3. from an unreasonable reaction
thin skull rule
1. if V had illness that made them more vulnerable, D is still liable
  1. D must take V as they find them
omissions
1. failure to act
2. dutys of care
  1. out of a special relationshio
  2. out of a contract (work)
  3. creation of a dangerous situation
  4. assumption of care for another
  5. an official position

Resource summary

	Created by holly milham about 5 years ago