Actus Reus

Question 1

What is factual causation?

Answer 1

If the defendant factually/physically caused the outcome

Question 2

What is legal causation?

Answer 2

If it is right to impose the law on them

Question 3

What is the test for factual causation?

Answer 3

But for

Question 4

What are the tests for legal causation?

Answer 4

De minimis, thin-skull, intervening acts

Question 5

What is the but for test?

Answer 5

But for the defendent’s actions/omission, it wouldn’t have happened

Question 6

What is the de minimis rule?

Answer 6

There must be more than a slight link/mere coincidence between the defendant’s actions/omissions and the outcome

Question 7

What is the rule on intervening acts?

Answer 7

If there was an intervening act it breaks the chain of causation, the D must be the operative cause

Question 8

What is the thin-skull rule?

Answer 8

You take your victim as you find them

Question 9

Which cases show the but for test?

Answer 9

R v White (established) and R v Pagett

Question 10

Which case shows negligent treatment isn’t an intervening act?

Answer 10

R v Cheshire

Question 11

Which case shows poor treatment isn’t an intervening act?

Answer 11

R v Smith

Question 12

Which case shows palpably wrong treatment is an intervening act?

Answer 12

R v Jordan

Question 13

Which case shows the thin-skull rule?

Answer 13

R v Blaue

Question 14

Which case shows turning off life support is not an intervening act?

Answer 14

R v Malcherek

Question 15

What are the steps for actus reus?

Answer 15

Acts
Omissions
Factual causation
Legal causation

Question 16

Which case shows a victim’s self-neglect or suicide is not an intervening act?

Answer 16

R v Wallace

Question 17

Which case shows a victim’s daft and unforeseeable act is not an intervening act?

Answer 17

R v Roberts

Question 18

Which case shows the de minimis rule?

Answer 18

R v Kimsey

Question 19

What types of actus reus crimes are there?

Answer 19

Action crimes
State of affairs crimes
Result crimes
Omission crimes

Question 20

What is an action crime?

Answer 20

Crime by conduct - they do something e.g. perjury

Question 21

What is a state of affairs crime?

Answer 21

Continue as they were, but now it is illegal e.g. illegal immigrant

Question 22

What is a result crime?

Answer 22

Outcome of an action - crime and consequence e.g. murder

Question 23

What is an omission crime?

Answer 23

Failure to act when there is a duty of care e.g. starving their child

Question 24

What are the 3 conditions on actus reus?

Answer 24

Must be voluntary (free choice and will)
No duress or necessity
No automatism

Question 25

Which case shows us it is better you die than kill an innocent?

Answer 25

R v Dudley and Stephens

Question 26

Which case shows automatism?

Answer 26

R v Quick

Question 27

What is the exception to the necessity rule?

Answer 27

If it is inevitable e.g. conjoined twins - Re A

Question 28

What is an omission?

Answer 28

A failure to act

Question 29

Which case shows the general rule on omission crimes?

Answer 29

R v Clarkson

Question 30

What types of duty of care are there?

Answer 30

Statutory, contractual, family/relationship, voluntary, where the D has set in motion a chain of events (continuing act, accidental act) - makes a duty of care to minimise damage

Question 31

What are 2 statutes that demonstrate statutory duty of care?

Answer 31

Road Traffic Act 1988
Children and Young Persons Act 1933

Question 32

Which case shows a failure to minimise damage after an accidental act?

Answer 32

Fagan v MPC (accidental act followed by an omission)

Question 33

How do continuing acts work?

Answer 33

If the actus reus and mens rea don’t begin at the same time, this is fine as the mens rea can occur at any point of the actus reus

Question 34

Which case shows a continuing act?

Answer 34

Thabo Meli case

Question 35

What are the steps for actus reus?

Answer 35

Types of crimes
Voluntary acts
Omissions
Involuntariness
Causation