Actus Reus Flashcards
What is factual causation?
If the defendant factually/physically caused the outcome
What is legal causation?
If it is right to impose the law on them
What is the test for factual causation?
But for
What are the tests for legal causation?
De minimis, thin-skull, intervening acts
What is the but for test?
But for the defendent’s actions/omission, it wouldn’t have happened
What is the de minimis rule?
There must be more than a slight link/mere coincidence between the defendant’s actions/omissions and the outcome
What is the rule on intervening acts?
If there was an intervening act it breaks the chain of causation, the D must be the operative cause
What is the thin-skull rule?
You take your victim as you find them
Which cases show the but for test?
R v White (established) and R v Pagett
Which case shows negligent treatment isn’t an intervening act?
R v Cheshire
Which case shows poor treatment isn’t an intervening act?
R v Smith
Which case shows palpably wrong treatment is an intervening act?
R v Jordan
Which case shows the thin-skull rule?
R v Blaue
Which case shows turning off life support is not an intervening act?
R v Malcherek
What are the steps for actus reus?
Acts
Omissions
Factual causation
Legal causation
Which case shows a victim’s self-neglect or suicide is not an intervening act?
R v Wallace
Which case shows a victim’s daft and unforeseeable act is not an intervening act?
R v Roberts
Which case shows the de minimis rule?
R v Kimsey
What types of actus reus crimes are there?
Action crimes
State of affairs crimes
Result crimes
Omission crimes
What is an action crime?
Crime by conduct - they do something e.g. perjury
What is a state of affairs crime?
Continue as they were, but now it is illegal e.g. illegal immigrant
What is a result crime?
Outcome of an action - crime and consequence e.g. murder
What is an omission crime?
Failure to act when there is a duty of care e.g. starving their child
What are the 3 conditions on actus reus?
Must be voluntary (free choice and will)
No duress or necessity
No automatism