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Criminal Law I Lecture II
Criminal Law I Lecture II
2
Introduc8on
“An
act
does
not
make
a
man
guilty
of
a
crime,
unless
his
mind
is
also
guilty.”
-‐-‐Haughton
v.
Smith
[1975]
AC
476
at
491
4
Nature
of
an
Actus
Reus
Sa8sfying
Actus
Nature
of
an
Sa8sfying
Actus
Introduc8on
Reus:
Voluntary
Causa8on
Actus
Reus
Reus:
Proof
Conduct
• Actus
Reus
defined
• Act/conduct
requirement
• Acts
of
omission
• Status
offences
5
Nature
of
an
Actus
Reus
6
Nature
of
an
Actus
Reus
Act/Conduct Requirement
7
Nature
of
an
Actus
Reus
Criminal
liability
for
acts
of
omission
is
about
RELIANCE
and
CHOICE
9
Nature
of
an
Actus
Reus
10
Sa8sfying
the
Actus
Reus
11
Proof
12
Voluntary
Conduct
13
Voluntary
Conduct
14
Voluntary
Conduct
AUTOMATISM
(ôˈtäməˌRzəm)
The
state
in
which
an
act
is
done
by
the
muscles
without
any
control
by
the
mind
(such
as
a
reflex
acRon,
or
a
spasmodic
or
convulsive
act)
or
if
it
is
done
during
a
state
involving
a
loss
of
consciousness
15
Voluntary
Conduct
16
Causa8on
1. Factual causaRon
2. Legal
causaRon
18
Causa8on
Factual
Causa?on
The
but
for
test:
always
ask,
"but
for
the
defendant’s
conduct,
would
the
harmful
consequence
have
happened
when
and
how
it
did?”
19
Causa8on
Legal
Causa?on
The
proximate
cause:
always
ask,
“should
the
defendant’s
conduct
be
deemed
the
legal
cause
of
the
harmful
result?
”
and
proceed
with
the
2-‐
prong
test
20
Causa8on
21
Causa8on
22