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is D guilty ? (did d commit actus reus? (is the actus reus based on an act…
is D guilty ?
did d commit actus reus?
is the actus reus based on an act or an omission?
omission
the general rule is that there is no liability for an omission
however there are exceptions if the defendant has some kind of responsibility or relation to the victim
responsibility through relations
assuming responsibility
responsibility through contract
creating a situation and being aware of it but choosing to do nothing about it.
act
what type of crime is it ?
conduct and consequence
causation
legal causation
is there more than a slight or trifling link or more than a minimal act by the defendants that causes the consequence
r v kimsey
break in the chain of causation
act of a third party
act of victim
was act of victim reasonable
was act of victim foreseeable
act of nature
factual causation
would the consequence have occurred but for the defendants actions.
r v pagett
state of affairs
conduct
did d have mens rea?