actus reus Flashcards
what is actus reus?
the conduct element of a criminal offence
what is the general rule for criminal liability and failing to act (omission)?
that there will be no criminal liability for failing to act
what are the exceptions to the fact that there is no criminal liability for failing to act?
- where there is a special relationship between D and V (parents and children, spouses)
- where D voluntarily assumes responsibility for V
- where D has a contractual duty to act a certain way
- where D holds a position of public office
- where D creates a dangerous situation
- where statute imposes a duty on D to act a certain way
how is causation proved?
the prosecution must show that:
- the defendant’s actions were the factual cause of the unlawful result
- the defendant’s actions were the legal cause of the unlawful result; and
- there was no intervening act that broke the chain of causation
what is factual causation determined by?
the “but for” test. Must be established that the unlawful result would not have occurred as and when it did but for the actions of the defendant
what does legal causation require?
the defendant’s actions do not need to be the only cause of the unlawful result, so long as they are a significant, operative or proximate cause. more than minimal cause
what constructs the chain of causation?
when both factual and legal causation are established
what can break the chain of causation?
an intervening act
what are the intervening acts?
acts of a third party/negligent medical treatment
acts of the victim
the thin skull rule
why does medical negligence not break the chain of causation very often?
as long as the victim dies of their original injury, medical negligence will not break the chain of causation, no matter how bad it is
when will a victim’s action break the chain of causation?
if they are unreasonable the chain could be broken
what is the thin skull rule?
applies in situations where a victim suffers from a pre-existing condition which makes them more susceptible or vulnerable to harm
the rule dictates that a defendant must take their victim as they find him
