Actus Reus (OCR A-Level Law): Flashcards

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Actus Reus
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Actus reus definition

Physical element of crime: act, omission, or state of affairs

Conduct crime

Complete when prohibited act done, regardless of consequences

Consequence crime

Requires specific result to be proved (e.g., murder needs death)

Actus reus voluntariness rule

Defendant must act voluntarily; no liability for involuntary acts

State of affairs offence

Liability from 'being' not 'doing' (e.g., having weapon in public)

General rule on omissions

No liability for failure to act (no Good Samaritan law in England)

R v Miller (1983) principle

Duty to avert danger of one's own making

'But for' test

Factual causation: but for D's acts, would consequence have occurred?

Legal causation requirement

D's conduct must make significant/meaningful contribution to result

Novus actus interveniens

Intervening act that breaks the chain of causation

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