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actus reus - Coggle Diagram
actus reus
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overview
the actus reus is the physical element- normally a positive, voluntary act
(Hill v Baxter) there was examples given of when the actus reus would not be voluntary
- struck by a stone
- overcome by a sudden illness
- attacked by a swarm of bees
(R v Mitchell) the old man did not have the actus reus for the crime because he was not acting voluntarily- he was pushed
causation
factual
asks whether 'but for' the defendants conduct would the consequence have occurred when it did? if it would have happened anyway then the defendant will not be the factual cause of the crime (R v White)
legal
DeMinimis principle
there may be more than one act contributing to the consequence and there may be more than just the defendant involved
the defendants act need no be the only cause as long as it makes a 'more than minimal' contribution (R v Pagett)
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thin skull rule
the defendant must take the victim as he finds them. even if the victim is more vulnerable to harm due to a pre-existing condition the defendant will be responsible for the full extent of the harm. this includes the 'whole man' so it can include physical and psychological conditions and religious beliefs (R v Blaue)