Actus Reus Flashcards
What is a conduct crime?
Prohibited conduct alone forms the actus reus of an offence
What is a consequence crime?
The prohibited conduct and the consequence of it is needed to form the actus reus
What is a state of affairs crime?
Actus reus is formed by a single set of circumstances
What is an example of a state of affairs crime?
S.4(2) Road Traffic Act 1988, only requirement to satisfy actus reus is that you are intoxicated whilst in control of a motor vehicle
What was held in Hill v Baxter?
An act must be voluntary to form the actus reus, unless for a state of affairs crime
What was held in R v Mitchell?
There was no requirement that the act had to be directed at the victim to form the actus reus of manslaughter
What was held in R v Larsonneur?
The conviction was upheld under the Aliens Order 1920 despite the fact that she did not enter the country voluntarily.
For a state of affairs crime, the actus reus does not need to be voluntary
What are the omissions that can form the actus reus?
- Statutory duty
- Contractual duty
- Duty by relationship
- Duty undertaken voluntarily
- Public duty
- Defendant created the situation, so created a duty to act
What is the proposed ‘Good Samaritan Law’?
It is already in use under French law; it is where failing to assist people in emergency circumstances should form actus reus by omission
How is the Good Samaritan law similarly applied in English law?
Failing to stop at the scene of an accident forms an actus reus by statutory duty under S.170 Road Traffic Act 1988
What was held in R v Pitwood?
The defendant was criminally liable as it was his contractual duty to close the gate of the level crossing and he failed to do so
What was held in R v Gibbons and Proctor?
If a person acting as ‘loco parentis’ fails to provide adequate care for a child, this will form the actus reus by duty by relationship
What was held in R v Evans?
The defendant took in her sister whilst living in her mother’s house, potentially having a duty by relationship, however, the defendant also supplied the heroine causing the overdose so could have a duty to act from creating the situation, similar to DPP v Santa-Bermudez
What was held in R v Dytham?
The conviction was upheld as ‘Misconduct in Public Office’ can be formed by an omission
What was held in R v Miller?
The defendant started the fire so then had the duty to call the fire service, which they failed to do.
What was held in DPP v Santa-Bermudez?
The needle was in the pocket, which created a dangerous situation
What was held in Airedale NHS Trust v Bland?
When in the best interests of the patient, failing to treat the patient does not form the actus reus
What is the argument surrounding the duty of doctors?
There is a contradiction as doctors cannot ask the patient as they are unresponsive so have to use their judgement/professional opinion and not factual evidence
What was held in R v Khan and Khan?
Convictions of gross negligent manslaughter were quashed due to no duty to act. Though it may be argued that:
1. There was a duty by creating the situation, by supplying the heroine.
2. A potential ‘Good Samaritan law’ would form an actus reus by omission in future
What is factual cause?
The defendant can only be guilty if the consequence wouldn’t have been caused ‘but for’ the defendant’s conduct
What was held in R v Pagett?
The conviction of manslaughter was upheld as if it wasn’t for him using his ex-girlfriend as a human shield, she wouldn’t have died
What is legal cause?
The defendant may be found guilty if their conduct was more of a minimal cause of the consequence
What was established in R v Hughes?
Legal cause as the ‘but for’ test is not enough alone to establish causation
What was held in R v Kimsey?
Must be a substantial cause and more than a ‘slight or trifling link’ between the act and the consequence
What is the ‘Thin-Skull Rule’?
The defendant must take their victim as they find them
What was held in R v Blaue?
The victim was a Jehovah’s Witness and refused blood transfusion to save her life.
The conviction was upheld as the wound was still the substantial cause of death
How can the chain of causation be broken?
- Act of a third party
- Victims own act
- A natural but unpredictable event
Providing that the act is independent and serious
What was held in R v Smith?
The defendant was convicted of murder as the stab wound was an operating cause of death
What was held in R v Cheshire?
The conviction was upheld. Despite the jury finding the actions ‘insignificant’, it was found that since the defendant had shot the victim, actions couldn’t be insignificant and that medical treatment didn’t break the chain of causation
What was held in R v Jordan?
The victim died of the medical treatment and not the stab wound. The defendant was not guilty
What is the argument between R v Cheshire and R v Jordan?
There is inconsistency as if gunshot wounds in the stomach and thigh are sufficient, stab wounds to the stomach must be sufficient
What was held in R v Malcherek?
The test of death is satisfied when the brain stem has died. So the doctor cannot be liable for switching off life-support, and will not break the chain of causation as the victim is already dead
What was held in R v Roberts?
Only where the victims acts are daft and not foreseeable to any reasonable person would it break the chain of causation
What was held in R v Marjoram?
The defendant was guilty of GBH as it was reasonably foreseeable that they would jump out of the window
What was held in Stone and Dobinson?
There was a duty to act undertaken voluntarily and so actus reus was formed by an omission
