Actus Reus (OCR A-Level Law): Flashcards
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Actus reus definition
Actus reus definition
Physical element of crime: act, omission, or state of affairs
Conduct crime
Conduct crime
Complete when prohibited act done, regardless of consequences
Consequence crime
Consequence crime
Requires specific result to be proved (e.g., murder needs death)
Actus reus voluntariness rule
Actus reus voluntariness rule
Defendant must act voluntarily; no liability for involuntary acts
State of affairs offence
State of affairs offence
Liability from 'being' not 'doing' (e.g., having weapon in public)
General rule on omissions
General rule on omissions
No liability for failure to act (no Good Samaritan law in England)
R v Miller (1983) principle
R v Miller (1983) principle
Duty to avert danger of one's own making
'But for' test
'But for' test
Factual causation: but for D's acts, would consequence have occurred?
Legal causation requirement
Legal causation requirement
D's conduct must make significant/meaningful contribution to result
Novus actus interveniens
Novus actus interveniens
Intervening act that breaks the chain of causation
