Actus Reus Flashcards
4 forms of Conduct?
Action, Omission, State of Affairs, Surrounding Circumstance
What is an action (3 Types)
- A voluntary act
- An involuntary act
- A voluntary act followed by an involuntary act.
Definition of a voluntary act?
A positive physical act that is willed. Arises even if the consequences are not planned.
2 examples of an involuntary act (2 types)
1: Impaired consciousness
2. Loss of physical control (something or someone influences).
What case and court explains why involuntary acts aren’t culpable?
M v R in the court of appeal- “conduct is generally considered criminal only if it is voluntary.
Case of voluntary action followed by an Involuntary action? What were the actions?
Jiminez- driving whilst tired (voluntary action) causes to fall asleep and crash (involuntary action).
What is the golden rule with Omissions?
Criminal liability exists in relation to positive actions only, we value living in a society where legal duties don’t impede on our liberty.
What are the 3 exceptions to the golden rule of Omissions?
- Omission only offences
- Where a legal duty arises due to a persons actions (creation of a duty of care)
- Where their is a legal duty to act (duty of care written in statute).
What is the main example of an omission only offence?
Failing to fill out a census
What is the main case example of where a legal duty is created due to a persons actions?
R v Miller
What is the ratio of R v Miller? What did the House or Lords say (individuals must take measures…) and the facts of the case?
The house of lords ruled that “an individual must take measures that lie within ones powers to counteract a danger that one has oneself created”. D smoked a cigarette and fell asleep, woke up to his mattress on fire, moved rooms to sleep. Woke up to the house on fire and did nothing. D charged with arson due to this law.
When does a person have a legal duty to act if they did not ‘create the duty’?
When the Legal duties are written in statue.
What is the good case for the elements of legal duties?
DDP v Poniatowska
Ratio in Poniatowska (3 points)
3 points to be proven to show D omitted their duty:
- Is there a duty
- How did it arise
- Does D’s inaction fall within the scope of the legal duty.
What is a State of Affairs offence?
Where no action or omission is needed: it is enough that the state of affairs exist.
Main example of a State of Affairs offence?
S57CA- Dog attacks a person or animal. “no requirement of action or omission, state of affairs is that you own the dog.
Definition of Surrounding Circumstance offence?
The existence of particular circumstances that can transform an otherwise lawful act into a crime.
Example of Surrounding Circumstance case?
Absence of license or bigamy.
How do you easily identify whether causation needs to be established in a case?
In the language of the offence- looking for words such as ‘because, since, cause, as a result.
What were the 2 elements the prosecution were meant to prove before R v Hughes?
- That the consequences occurred and;
2. That the consequences occurred because of the defendants actions.
How did prosecutors prove causation prior to Hughes?
Using the BUT FOR test (sine qua non).
What is the basis of the BUT FOR test (sine qua non)
A causes B to happen if B would have not have happened BUT FOR A’s action.
What case established the difference between Factual and Legal Causation?
R v Hughes
What was the ratio of R v Hughes (what was he found guilty of and what court read the verdict and what was the verdict?
D was found guilty on merit by the BUT FOR test. However he was completely not at fault. The UK supreme court set out the difference between factual and legal causation. Factual causation was deemed important but not imperative for liability.
