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CRIMINAL LAW, Intervening Acts - Coggle Diagram
CRIMINAL LAW
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General Legal Principles
Actus Reus (AR) = 'the guilty mind' - all the elements in the definition of an offence except those which relate to the mental element
Voluntary Conduct = the AR requires a voluntary action from the defendant, must take it upon themselves to commit the crime
State of Affairs = the AR requires no conduct at all, the existence of a situation and meeting the description of the offence is enough
Conduct Crimes = prohibit certain defined behaviour, irrespective of the consequences e.g. perjury
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Causation
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- attributable to the culpable act (R v Dalloway)
- more than a minimal cause (R v Pagett)
- need not be the sole cause (R v Benge)
- thin skull rule - take victim as you find them (R v Blaue) for religion or (R v Haywood) medical conditions
- chain of causation must not be broken by any intervening acts (R v Pagett)
Omissions = general rule is that a failure to act does not constitute a criminal offence, unless certain precedented situations
create a duty to act
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Intervening Acts
Medical Intervention = must be independent of D's act and so potent it makes D's contribution insignificant (R v Cheshire)
Intervention by a 3rd party = intervenes if act is free, deliberate informed or not reasonably foreseeable (R v Wallace)