Actus Reus Flashcards
What does Actus Reus translate as?
Guilty act
List features of the Actus Reus
It is all the physical parts of a crime- this could be a punch, or hitting the victim with a bar etc.
It must be voluntary (they must have control of their own actions)
Every crime has its own Actus Reus which must be proved
What is an omission?
A failure to act- e.g not helping someone who is drowning.
In the UK, can you be charged with an ommision?
No, in the UK we have no “Good Samaritan Law”, meaning there is no legal obligation for you to help- but it is morally right to do so.
When does the law give you a legal duty to act?
- Contractual duty (your job): Pitwood, failed to close level crossing gate
- Special relationship (parent/child): Gibbons + Proctor, father failed to prevent daughters starvation
- Voluntary assumption of a duty: Gibbons + Procto, father’s partner failed to feed child
- Creating a dangerous situation: Miller, homeless man set fire to mattress and moved instead of putting it out
What is meant by the chain of causation?
Everything that happens between the defendant’s action to the outcome.
It must be established that the D’s action caused the outcome
What is the factual causation?
But for test- but for the d’s actions, would the result have happened anyway? If the D had not done what they did, would the result have still happened?
Yes: the result would have happened anyway so the D is not the factual cause
No: the result would not have happened anyway so the D is the factual cause
What is the key case for factual causation?
R v White.
D tries to poison his Mother but she dies of a heart attack before she drinks it.
Apply the but for test.
But for the D’s actions of poisoning the drink, she would have died anyway- not the factual cause.
What is the legal causation?
The focus is on how much of a contribution the D has made. The D must have made a significant contribution. This means “more than a slight or trifling link, but they do have to be the main cause (of the outcome)”- Kimsey.
If the chain of causation is broken, the D is not liable.
What are intervening acts?
If the chain of causation is broken, the D will no longer be held liable.
1. Victims own acts/escape attempts
(Roberts)- As long as the V’s actions are reasonable and foreseeable, the chain will not be broken.
- Bad medical treatments
(Cheshire)- If the original injuries inflicted by D are still an operating and substantial cause of the results, the
chain will not be broken - Thin skull rule
(Blaue)- The D must take their V as they find them, the chain will not broken - Acts of a third party
(Pagett)- As long as the D has made a contribution to the result, the chain will not be broken and the D is still
liable - Victim refusing medical treatment
(Holland)- the victim is under no legal obligation to seek medical help, the chain will not be brken - Doctor switching off life support machines
(Malcherick and Steel)- The chain will not be broken, the D is still liable
Define murder
The unlawful killing of a human being, with the intention to kill or cause GBH.
