Foundations of Actus Reus and Causation

Revision sheet excerpt

Course Outline

  1. Elements of Actus Reus
  2. Conduct Element
  3. Action or Omission
  4. Circumstance Element
  5. Result Element
  6. Causation in Law
  7. Factual and Legal Causation
  8. Types of Causation

1. Elements of Actus Reus

Key Concepts & Definitions

Actus Reus: The material or physical element of a criminal offense, encompassing conduct and sometimes result. It is always the conduct itself, whether an action or an omission, that constitutes the physical part of the crime.

Sine Qua Non: The principle that an offense cannot exist without actus reus. It signifies that actus reus is an indispensable condition for criminal liability.

Substantive and Objective Element: Actus reus relates to the physical facts of the offense, independent of the mental state (mens rea). It involves observable conduct or the occurrence of a result, not the perpetrator’s intent.

Ingredients of Actus Reus: The specific physical components that must be proven for an offense, including actions, omissions, and the causal link between conduct and result.

Essential Points

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Quiz preview

1. When was the principle of 'sine qua non' as a key element of actus reus formally recognized in modern criminal law doctrine?

2. How does establishing a legal duty to act influence the causal relationship in omission offenses?

3. In a situation where a person fails to provide aid to someone in danger, under what condition could this omission result in criminal liability?

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Flashcards preview

Actus Reus — definition?

The physical element of a crime.

Sine Qua Non — role?

Indispensable condition for criminal liability.

Substantive and Objective — relation?

Actus reus involves physical facts, not mental state.

Ingredients of Actus Reus?

Actions, omissions, causal link.

Conduct Element — definition?

Physical behavior constituting actus reus.

Conduct varies by?

Offense type and legal definition.

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