Actus reus

Question 1

Actus reus

Answer 1

Guilty act

Question 2

Must be voluntary

Answer 2

Must be voluntarily acted or omitted by D
I.e. by their free will
So pushed into someone or acting under duress wont count or having severe cramp

Question 3

Automatism

Answer 3

Called a defence but is basically a lack of actus reus

If D has a total loss of control over their actions they aren’t liable due to automatism

Question 4

Actus reus as a continuing act

Answer 4

Can be a continuing act
If so, mens rea doesn’t need to be present the whole time
May not be present at the start but then come later while the actus reus is still continuing
E.g. driving over policeman’s foot, him telling you to move, then deliberately leaving it on there

Question 5

Omissions

Answer 5

Generally there is no liability for failure to act, unless person has a duty imposed by law
DUTY to act remembered by DUTY

Question 6

DUTY

Answer 6

D - dangerous situation created by D
U - under statute
T - take it upon themselves
Y - young person

Question 7

Dangerous situation created by D

Answer 7

E.g. when squatter saw mattress on fire from his fag and just moved to another room and went back to sleep = arson

Question 8

Under statute

Answer 8

Statute - child neglect, failing to stop at an accident

Contract - gate keeper not closing gates at level crossing, doctor and patient

Question 9

Taken upon themselves

Answer 9

If D takes it upon themselves to care for another who is unable to care for themselves then fails to care for that person

Question 10

Young person

Answer 10

Parental responsibility to look after a child

Question 11

Chain of causation and but for test

Answer 11

Must show a causal link between act and consequence

But for D’s act/omission, the consequence would not have happened

Question 12

Eggshell skull rule

Answer 12

You must take your victim as you find him

Question 13

Intervening act

Answer 13

Chain of causation can be broken by a new intervening act which is free, deliberate and informed

Question 14

Is drug dealer supplying drugs an intervening act?

Answer 14

If drug dealer supplies and then buyer kills himself from an overdose, drug dealer is not liable - death would have been brought about by the deliberate exercise of free will by the user.
So supplier is unlikely to be held liable for causing the death unless they play a more active role in administering the drug e.g. injecting them.

Question 15

Does medical negligence break the chain of causation?

Answer 15

No
Only if gross negligence
So if it is the substantial and operating cause of the death
E.g. in hospital from stab wounds, they were healing, then given wrong drug which caused death

Question 16

What if V jumps out of car?

Answer 16

If Vs actions could be reasonably anticipated from any victim in such a situation, there will be no new intervening act and D will be responsible for any consequences that arise.

Question 17

Can exceptional natural event break chain of causation?

Answer 17

If it was the sole immediate cause of the consequence then yes.
Must be so powerful a nature that the conduct of D was not a cause but merely part of the surrounding circumstances.

Question 18

Principal

Answer 18

Person whose conduct has met all the requirements of the offence

Question 19

Accessory

Answer 19

Someone who helped in or brought about the commission of the offence

Question 20

Are accessories treated the same as principle offenders?

Answer 20

If accessory aids, abets, counsels, procures the commission of an offence, they will b treated the same as the principle offender.
Counselling and procuring usually take place before the commission of an offence

Question 21

Aiding

Answer 21

Giving help, support or assistance

Question 22

Abetting

Answer 22

Inciting, instigating or encouraging

Question 23

Counselling

Answer 23

Advising or instructing
Don’t have to show a causal link, just have to show P was aware of As advice or encouragement
Doesn’t matter if P would have committed the offence anyway

Question 24

Procuring

Answer 24

Bringing about

Must show causal link between As conduct and the offence

Question 25

What if A is not present during the offence?

Answer 25

If P relies on acts of A which assist in the preliminary stages of a crime later committed in A’s absence, it is necessary to prove intentional assistance by A in acts which A knew were steps taken by P towards the commission of an offence.
So must prove:
A did an act which in fact assisted in the later commission of an offence
A did the act deliberately realising that it was capable of assisting the offence
A, at the time of doing so, contemplated the commission of the offence, and
When doing the act, A intended to assist P

Question 26

Do you need an identified principal?

Answer 26

No, A may still be guilty even if there is no identified principal

Question 27

Can A still be convicted if the principal is acquitted or has a defence?

Answer 27

Yes

Question 28

What if A changes their mind before offence is carried out?

Answer 28

A can change their mind
But the exact requirements for making an effective withdrawal before any liability is incurred are unclear
Running away at the last moment is not enough
Evidence could be acting in a way which amounts to the countermanding of any earlier assistance

Question 29

Mens rea for accessories

Answer 29

Generally the mens rea for an accessory is - proof of intention to aid as well as knowledge of the circumstances
Minimum mens rea is at least knowing the essential matters that constitute that offence

Question 30

Joint enterprise

Answer 30

Where 2 or more people embark on the commission of an offence by one or both or all of them
It is a joint enterprise because all the parties have a common goal i.e. that an offence will be committed

Question 31

Parasitic accessory liability

Answer 31

What if A goes beyond that which was agreed or contemplated by B?
For jury to infer

Question 32

Corporate liability

Answer 32

Companies which are legally incorporated have a legal personality so can commit offences
Can be guilty as principals and accessories

Question 33

Vicarious liability

Answer 33

In some circumstances liability can be transmitted vicariously to another
E.g. employers can be held accountable for wrongdoings of employees