Actus reus Flashcards
Actus reus
Guilty act
Must be voluntary
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
Automatism
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
Actus reus as a continuing act
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
Omissions
Generally there is no liability for failure to act, unless person has a duty imposed by law
DUTY to act remembered by DUTY
DUTY
D - dangerous situation created by D
U - under statute
T - take it upon themselves
Y - young person
Dangerous situation created by D
E.g. when squatter saw mattress on fire from his fag and just moved to another room and went back to sleep = arson
Under statute
Statute - child neglect, failing to stop at an accident
Contract - gate keeper not closing gates at level crossing, doctor and patient
Taken upon themselves
If D takes it upon themselves to care for another who is unable to care for themselves then fails to care for that person
Young person
Parental responsibility to look after a child
Chain of causation and but for test
Must show a causal link between act and consequence
But for D’s act/omission, the consequence would not have happened
Eggshell skull rule
You must take your victim as you find him
Intervening act
Chain of causation can be broken by a new intervening act which is free, deliberate and informed
Is drug dealer supplying drugs an intervening act?
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.
Does medical negligence break the chain of causation?
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
What if V jumps out of car?
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.
Can exceptional natural event break chain of causation?
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.
Principal
Person whose conduct has met all the requirements of the offence
Accessory
Someone who helped in or brought about the commission of the offence
Are accessories treated the same as principle offenders?
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
Aiding
Giving help, support or assistance
Abetting
Inciting, instigating or encouraging
Counselling
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
Procuring
Bringing about
Must show causal link between As conduct and the offence
