What is Actus Reus in criminal law? Actus Reus refers to the act or omission that contains the physical elements of a crime and is known as a ‘guilty act’. For example, the actus reus of murder is the unlawful killing of a person. For actus reus, there must be conduct or an omission committed by the defendant. There is reluctance to impose liability for an omission to act. However, there can be liability for an omission where there is a recognized offense, a duty to act, and a breach of that duty. Go to https://loom.ly/OuTw-WI , to find all the simplified and condensed study materials in Criminal law to help you get a first class. https://lnkd.in/g2sR2MhK 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! 🌐📚 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #causation #lawschool #actusreus
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How can the chain of causation be broken in criminal law? The defendant’s conduct must cause the result for a criminal conviction. However, the chain of causation will be broken if there is: 1. Intervention from the defendant. 2. Intervention from natural acts. 3. Intervention from the victim. 4. Intervention from third parties. For example, in R v White, the defendant put poison in his mother’s drink intending to kill her. However, the victim died due to an unrelated heart condition and not because of the poison. It was held that the defendant was guilty of attempted murder, which is a conduct crime not requiring causation. Go to https://loom.ly/OuTw-WI to find all the simplified and condensed study materials in Criminal law to help you get a first class. https://lnkd.in/g2sR2MhK 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! 🌐📚 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #causation #lawschool
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What is the difference between subjective and objective mens rea in criminal law? 1) Subjective mens rea is concerned with the defendant's perception and state of mind at the time the crime is committed. 2) Objective mens rea relates to what the defendant ought to have known at the time the crime was committed. Moreover, what would a reasonable person have done if they were in the defendant's position? Go to https://loom.ly/OuTw-WI , to find all the simplified and condensed study materials in Criminal law to help you get a first class. https://lnkd.in/dx-GBn-k 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! 🌐📚 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #conviction #lawschool #actusreus #mensrea
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What is the coincidence of actus reus and mens rea in criminal law? It is important for the behavioural and circumstantial elements of the actus reus to occur at the same time as the mens rea requirements are satisfied. Therefore, it is necessary for both the actus reus and mens rea of a crime to coincide in time. Coincidence is an absolute rule with no exceptions. However, there have been some cases where the courts found liability when the actus reus occurred before the mens rea or vice versa. You can cite the case of Fagan v Commissioner of Metropolitan Police [1969] for this principle. Go to https://loom.ly/OuTw-WI , to find all the simplified and condensed study materials in Criminal law to help you get a first class. https://lnkd.in/dx-GBn-k 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! 🌐📚 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #conviction #lawschool #actusreus #mensrea
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What is intention in criminal law? > Intention refers to the mental element and guilty mind of the defendant to commit a crime. There are direct and oblique intentions. > Direct intention involves the defendant's desire or purpose to produce the consequence. > Oblique intention refers to a situation where the defendant does not desire to produce the consequence but is certain that the consequence will occur. Go to https://loom.ly/OuTw-WI , to find all the simplified and condensed study materials in Criminal law to help you get a first class. https://lnkd.in/dx-GBn-k 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! 🌐📚 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #conviction #lawschool #actusreus #mensrea
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What is causation in criminal law? Similarly to tort law, there is a two-stage process: factual and legal causation. 1. Factual causation: Did the defendant’s conduct or omission in fact cause the result? 2. Legal causation: Was the defendant’s conduct a substantial, blameworthy, and operating cause? Legal cause must be operative; the defendant’s conduct must be a significant cause of the result at the time it comes about. The chain of causation between conduct and result elements must not be broken. Go to https://loom.ly/OuTw-WI , to find all the simplified and condensed study materials in Criminal law to help you get a first class. https://lnkd.in/g2sR2MhK 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #causation #lawschool 🌐📚
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What is Battery in criminal law? The maximum penalty for battery is six months’ imprisonment (s.39 of the Criminal Justice Act 1988). AR: The infliction of unlawful personal force by one person upon another. This includes contact through objects and touching a person’s clothes while he or she wears them. MR: Intention or recklessness as to the infliction of unlawful personal force. Go to https://loom.ly/EMWWCkk to find all the simplified and condensed study materials in Criminal law to help you get a first class. 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! 🌐📚 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #lawschool #fraud
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What is the duty to act in criminal law? A legally recognized duty to act may arise in any of the following situations: 1. Statutory duty to act: For example, under section 170(4) of the Road Traffic Act 1988, it is an offense to fail to report an accident in which the defendant is involved. 2. Contractual duty to act. 3. Duty arising out of a relationship: For instance, there is a duty to act for close family members. 4. Voluntary assumption of duty: In other words, agreeing to take care of someone. 5. Creation of a dangerous situation. Go to https://loom.ly/OuTw-WI , to find all the simplified and condensed study materials in Criminal law to help you get a first class. https://lnkd.in/g2sR2MhK 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! 🌐📚 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #dutytoact #lawschool
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What is assault in criminal law? - The maximum penalty for assault is six months' imprisonment (s.39 Criminal Justice Act 1988). - Assault is committed where the defendant (D) causes the victim (V) intentionally or recklessly to apprehend immediate unlawful personal violence. - As stated in R v Ireland, for assault, the defendant does not need to make any physical contact with the victim. Therefore, the actus reus of assault will be satisfied as soon as the defendant causes the victim to apprehend or believe that they are about to suffer some personal violence. Go to https://loom.ly/EMWWCkk to find all the simplified and condensed study materials in Criminal law to help you get a first class. 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! 🌐📚 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #lawschool #fraud
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What is the actus reus of fraud in criminal law? There must be a false representation. The representation must be (1) false or misleading and (2) the defendant must know that it is so. The representation must be of ‘fact,’ ‘law,’ or a ‘state of mind.’ It cannot just be an opinion. According to Section 2(4) of the Fraud Act 2006, representation can even be implied by staying silent in certain circumstances. False means ‘untrue’ or ‘misleading.’ Go to https://loom.ly/OuTw-WI , to find all the simplified and condensed study materials in Criminal law to help you get a first class. https://lnkd.in/eZYg-Efe 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! 🌐📚 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #lawschool #fraud
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What is the virtual certainty test for oblique intention in criminal law? Defendants have intent if they foresee that, if the act element is completed, it is virtually certain that the circumstances will be present or the result will be caused. Therefore, the outcome must be a virtual certainty caused by the defendant’s act. For instance, see the case of Hyam [1975]. The defendant was a woman who set fire to her boyfriend’s new partner’s house because the boyfriend left the defendant for her. As a result, the victim’s daughters died in the fire. The defendant was charged with murder because it was highly probable that the fire would cause death. Go to https://loom.ly/OuTw-WI , to find all the simplified and condensed study materials in Criminal law to help you get a first class. https://lnkd.in/dx-GBn-k 🌟 Why Choose SimpleStudying? 📖 Condensed and Simplified Materials: We cut through the legal jargon, providing you with easy-to-understand study materials. 🎓 Expertly Curated Content: Our team of top law graduates ensures that you receive accurate and up-to-date information. 🚀 Acing Your Exams: SimpleStudying equips you with the knowledge and confidence to excel in your criminal law exams. 📌 Follow us for more: 🔗 #Instagram : https://loom.ly/SgDeBJU 📸 #Twitter : https://loom.ly/Rp2dtlU 🐦 #Facebook : https://loom.ly/M_jr3SI 👥 #LinkedIn : https://loom.ly/m1EvXnk Unlock the doors to legal success with Simple Studying, Where #law and Learning Collide! 🌐📚 #LegalEducation #LLB #GDL #LPC #LLM #law #lawstudent #firstclasslawdegree #firstclass #exams #criminal #criminallaw #simplestudying #conviction #lawschool #actusreus #mensrea
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