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
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