Actus Reus Flashcards
In order to prove Criminal liability what two elements need to be present?
Actus Reus
Mens Rea
What are the three different types of crimes with slightly different actus Reus?
Conduct crimes
Consequence/results crimes
State of affairs crimes
What is a conduct crime?
The guilty act itself is criminal, irrespective of the consequence
Give examples of conduct crimes
Rape
Theft
Downloading child abuse images
What are consequence/results crimes?
The guilty act itself may not be criminal but the consequence is.
Give an example of a consequence crime
Swinging an axe may not be illegal but deliberately hitting someone with it and killing them is murder
What is a state of affairs crime?
This is where the guilty act is a state of affairs for which the D is responsible
Give examples of state of affairs crimes.
Possessing an offensive weapon in a public place
Possession of a controlled drug
For actus Reus to be proved, what must the act be?
“Voluntary”
In Hill v Baxter, what did the judge famously refer to?
A “swarm of bees”
What is the exception were automatism is not an excuse?
Self-induced intoxication
Define automatism
Acting involuntarily/ the performance of actions without conscious thought or intention
Define act/commission
Doing something
Define omission
Failure to do something
Generally speaking you cannot be liable for omissions under English law but where are there exceptions?
Where there is a “duty to act”.
Give the six exceptions where there is a duty to act under omissions
Statutory duty
Contractual duty
Duty through official position
Duty from special relationship
Duty taken on voluntarily
Duty arising from setting in motion a chain of events/creating a dangerous situation
Define state of affairs
The situation you are found in
Give an example of a statutory duty law.
Road Traffic Act 1988
Give a case example for a contractual duty
Pittwood (1902)
Give a case example for duty through official position
Dytham (1979)
Give the case example for duty from special relationship
Gibbins and Proctor (1918)
Give a case example for duty taken on voluntarily
Stone and Dobinson (1977)
Give case example for duty arising from setting in motion a chain of events
Miller (1983)
Give the case example for duty of doctors
Airedale NHS Trust v Bland (1983)
Define causation
The link between the defendant’s act and the criminal consequence of a consequence crime.
Define chain of causation
The links between the perpetrators actions and their criminal consequence
What two causation must there be for someone to be guilty of a crime?
Factual causation
Legal causation
What is the name of the test we use to establish factual causation?
‘But for’ test
What cases are used to demonstrate the but for test?
White (1910)–poisoning mother heart attack
Pagett (1983)-police officers girlfriend human shield
What is the Latin term for the but for test?
‘Sin qua non’ test
What is factual causation?
Where the incident requires factual proof that the defendant’s conduct was what caused the consequences
What is legal causation?
Can be established by showing that the d’s act was “substantial and operative”
Define substantial
More than trivial -de minis
More than something the law considers minimal
Define operative in this case
Requiring surgery or operation
No intervening acts
What are the cases used to demonstrate legal causation?
Cato (1976)- d injected drugs in friend convicted of manslaughter under OAPA s.23 (1861)
Dalby (1982)- d supplied drugs case quashed because V injected himself breaking chain of causation. D’s act was part of the history
What is the Latin phrase for an intervening acts?
Novus actus interveniens
What are the three categories of intervening acts?
actions by the claimant himself, actions by a third party, and natural events
Thin skull rule
Actions of victim
Medical error
What is the general principle of causation?
The D is liable for foreseeable consequences of his actions
What phrase do we use to define the think skull rule?
Take your victim as you find them
What case is used to demonstrate the thin skull rule?
Blaue (1975)
V jehovah witness
Refused blood transplant that could’ve saved life after being stabbed
What principle comes from Blaue (1975)?
The D must take his victim as he found them. This includes their religious belief.
It is not the V’s fault they have this thin skull so the D should be guilty.
What cases are used to demonstrate medical error with facts?
Smith (1959)- V stabbed in lung and dropped twice . Doctor failed to realise seriousness. D claims broke chain. D still liable as blood loss from stabbing legal cause.
Cheshire (1991)-V shot. V dies from rare complications during tracheotomy by doctors. D liable as tracheotomy was a result of gunshot winds. Chain of causation not broken.
Jordan (1956)-D stabbed V. Week later wounds almost healed. Doctors give wrong injection and V dies.
D not liable.
What principle comes from Smith (1959) and Cheshire (1991)?
Original injuries can still be operative even if they are exacerbated (made worse) by subsequent medical complications.
What principle comes from Jordan (1956)?
Medical error can break the chain of causation where the original injury is “part of the history” because the V is almost recovered and the medical error is “palpably (clearly) wrong”.
What are the facts of Roberts (1971)?
A female passenger thought she was going to be raped so she jumped from a car moving at 30mph and was seriously injured.
The attacker was liable for her injuries as her reaction was reasonable.
What are the facts of Williams (1992)?
The male victim thinking he was going to be robbed jumped from a car moving at 40mph. He died.
D not liable as what Williams did was ‘daft ‘ and unreasonable.
What cases are used for victim’s own actions?
Roberts (1971)
Williams (1992)
What principle comes from Roberts(1971) and Williams (1992)?
To establish whether the V’s actions break the chain if causation ask yourself : were the V’s actions so “daft” that they would not have been foreseen by a reasonable person in the D’s position?
What is a rare occasion where defendants have been found liable for involuntary acts?
R v Larsonneur (1933)
French was ordered to leave UK
Decide to go Ireland who deported deer and took back to UK.
Then arrested and found guilty of being an ‘alien to whom leave to land in the UK had been refused’.
