1B Actus Reus

Question 1

Definition of AR

Answer 1

The Physical element of a crime

Question 2

Conduct Crime

Answer 2

AR is the prohibited consequence itself

Question 3

Consequence Crimes

Answer 3

AR only committed where D has done something or failed to do something AND there is a prohibited crime

Question 4

Definition of Omissions

Answer 4

a failure to act ( the normal rule is that it connot make a person guilty)

Question 5

Exception to Rule - Contractual Duty

Answer 5

Failure to complete or discharge contractual duties

PITTWOOD - was a gatekeeper at a railway crossing, he once left the gate open, a cart crossing was hit and a man was killed

Question 6

Exception to Rule - Public Position

Answer 6

those in public positions or occupations

DYTHAM - Ununiformed officere saw attack, didn’t stop it and was convicited of misconduct

Question 7

Exception to Rule - Relationship

Answer 7

arise out of duty to act

GIBBINS AND PROCTOR - father and his partner starved 7 year old girl

Question 8

Exception to Rule - Voluntarily duty

Answer 8

Duty of care is voluntarily taken

STONE AND DOBINSON - V was anorexic and refused medical attention, D’s didn’t call medical service and she died.

Question 9

Exception to Rule - Failure to control dangerous chain of events

Answer 9

Dangerous situation is created or known, duty to control harm

MILLER - Fell asleep while smoking, awoke to fire and did not attempt to put it out, causing damage

Question 10

Exception to Rule - STATUTORY DUTY

Answer 10

Some statutes will make it a criminal offence to fail to act

ROAD TRAFFIC ACT 1988 (170) - Offence for driver in accident to fail to report to police

Question 11

Definition of Causation

Answer 11

To establish Cauation it must be shown that it was the defendant’s guilty act which caused the required consequence

Question 12

‘But-For-Test’

Answer 12

‘But for the actions of the D would the consequence have occurred?’

R V WHITE - Son poisened Mother’s milk, she died of a heart attack, he wasn’t liable for her death

Question 13

De Minimis Rule

Answer 13

D’s action need not be the sole cause but more than minimal

BENGE - D not sole cause but more than minimal
KIMSEY - ‘must be more than slight or trifling link’

Question 14

Thin Skull Rule

Answer 14

D must take the V as he finds him. The Law doesn’t take into account any particular characteristics of V

BLAUE - D stabbed girl, she refused blood transfusion on religious grounds, D still liable for higher level of injury

Question 15

Intervening Act’s Defintion

Answer 15

Must be a direct link from D’s conduct to consequence. - Chain of Causation
To be liable, it must be shown that D’s conduct was operation and substantial cause of outcome

Question 16

Intervening Act’s of a Third Party

Answer 16

Treatment unlikely to break chain of causation unless independant of D’s act, it’s ‘ so potent in causing death’ that D’s act rendered insignificant

CHAIN NOT BROKEN - SMITH

BROKE CHAIN - JORDAN

Question 17

Intervening Act’s of Victims Own Act

Answer 17

CHAIN NOT BROKEN - REASONABLE REACTION - D cause V to act in foreseeable way
R v ROBERTS

CHAIN BROKEN - UNREASONALE REACTION - V responds in an unreasonable way
R v WILLIAMS

Question 18

Intervening Act’s of Natural Events

Answer 18

EXTREME ABNORMAL WEATHER OR AN ACT OF GOD