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criminal
OCR - acteus reus
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Created by
Lexie Willmoth
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Cards (14)
What is acteus reus?
physical element
of crime
what is a conduct crime?
accused's
conduct
forms te
offence
and there is no required consequence of the crime
What is a consequence crime?
the
consequence element
must appen for the offence to be
committed
what are
voluntary
acts?
the act or omission must be voluntary on the part of the defendant
r v
hill
and
Baxter
What are state of affairs
crimes
?
A
conviction
of a
d
when the act was not desired by the d
r v
lassonneur
What is an
omission
?
A
failure
to act
What are the 6 omissions?
Act of parliament
contractual duty - r v pittwood
relationship between d and v - r v gibbins and proctor
voluntarily taken - r v stone and dobinson
official position - r v Dytham
chain of events - r v miller
what are the 2 types of causation?
Factual and legal
What is factual causation?
D can only be guilty if the consequences would not ave happened “but for” the ds conduct
r v pagett
What is legal causation?
the chain of causation musnt be broken in order to pass causation
How can the chain of causation be broken?
act of a third party - r v smith
victims own act - r v roberts
natural unpredictable event
What is the thin skull rule?
Take your victim as you fin them
r v blaue
what is transferred malice?
the d can be
guilty
if he or she intended to commit a similar crime but against a
different
victim
r v
latimer
what is the coincidence of AR and MR (contemporaneity rule)?
when
both
AR and MR must be present at the
same
time
Fagan v metropolitan police commissioner