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
Which case shows us it is better you die than kill an innocent?
R v Dudley and Stephens
Which case shows automatism?
R v Quick
What is the exception to the necessity rule?
If it is inevitable e.g. conjoined twins - Re A
What is an omission?
A failure to act
Which case shows the general rule on omission crimes?
R v Clarkson
What types of duty of care are there?
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
What are 2 statutes that demonstrate statutory duty of care?
Road Traffic Act 1988
Children and Young Persons Act 1933
Which case shows a failure to minimise damage after an accidental act?
Fagan v MPC (accidental act followed by an omission)
How do continuing acts work?
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
Which case shows a continuing act?
Thabo Meli case
What are the steps for actus reus?
Types of crimes
Voluntary acts
Omissions
Involuntariness
Causation
