OCR - acteus reus

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?
    1. Act of parliament
    2. contractual duty - r v pittwood
    3. relationship between d and v - r v gibbins and proctor
    4. voluntarily taken - r v stone and dobinson
    5. official position - r v Dytham
    6. 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