CRI225H1 Lecture Notes - Lecture 6: Protein Kinase B, Reference Question, Absolute Liability
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Cri225 week six oct 20th 2016. Actus reus: defined in the criminal code. Read the provision carefully: always involves an act or omission. If no legal duty, failure to act is not criminal. Omission requires a legal duty to act. Duties in the criminal code & common law duty refrain from conduct which is reasonably foreseeable could cause serious harm to others -- Factual causation = contributory cause that is beyond de minimis. Legal cause = no break in the chain of causation by an intervening act or remoteness: may involve a specified circumstance. Consent can be vitiated (deemed invalid) by (a) fraud (b) social policy -- fighting, unconscious sex. If the actus reus involves causation, there are 2 elements to be proven: Causation (1) factual causation (but for test) (2) legal causation (remoteness, novus actus interveniens) has the chain of causation been broken: v. blaue (1975, eng.