Actus Reus Flashcards
Explain the Actus Reus, State of Affairs.
- Very rare instances where defendant has been convicted even though they don’t have to act voluntarily
- Being rather then doing offences, e.g. ‘Being possession’
- Up to prosecution to prove factual circumstances
Explain the Actus Reus, an Act.
- To be guilty, act must have been committed voluntarily- defendant must’ve committed offence on his own free will
- If defendant has no control over actions, then they haven’t committed the Actus Reus
Explain Omissions as Actus Reus.
- Means a failure to act
- Normal rule it that Omission cannot make a person guilty of an offence
- Explained by Stephen J in the following way:
‘A sees B drowning and is able to save him by holding out his hand. A abstains from doing so in order that B may be drowned. A has committed no offence.’
What are the 6 + 1 exceptions to the rule that an Omission cannot make a person guilty of an offence?
- Statutory Duty
- Contractual Duty
- Duty because of a relationship
- Duty which has been taken on voluntarily
- Duty through one’s official position
- Duty which arises because Defendant has set in motion a chain of events
Explain how a Statutory Duty is an exception to the rule that an Omission cannot make a person guilty of an Offence?
- Act of Parliament can create liability for an omission
- Example: offences of failing to stop or report a road traffic accident ( S 170 of the Road Traffic Act 1988)
Explain how a Contractual Duty is an exception to the rule that an Omission cannot make a person guilty of an Offence?
- May have a contractual duty to act in a certain way that would prevent an offence from occuring
Explain how a Duty because of a relationship is an exception to the rule that an Omission cannot make a person guilty of an Offence?
- Usually a parent-child relationship, as parent has duty of care to child
- Duty can also exist opposite way round, grown-up child caring for elderly parent
Explain how a Duty taken on voluntarily is an exception to the rule that an Omission cannot make a person guilty of an Offence?
- If you take on a duty of responsibility for someone else.
Explain how a Duty through one’s position is an exception to the rule that an Omission cannot make a person guilty of an Offence?
- If you neglect a person when your duty is to protect someone/act as you should
- If you are under a public duty to care for others
Explain how a Duty which arises because Defendant set in motion a chain of events is an exception to the rule that an Omission cannot make a person guilty of an Offence?
- When you fail to stop something that you have started/created.
Explain how a Duty of Doctors is an exception to the rule that an Omission cannot make a person guilty of an Offence?
- If doctor stops medical treatment if it is no longer in the best interest of a patient then this is not an omission
What must the Prosecution show to prove a Consequence?
- Defendant’s conduct was the factual case of that consequence
- It was the legal cause of that consequence
- No intervening acts which broke chain of causation
Explain Factual Causation.
- See if Defendant’s conduct was the factual cause of that consequence
- Defendant only guilty if consequence wouldn’t have happened ‘but for’ the defendants conduct
Explain Legal Causation.
- Was defendant’s cpnduct the legal cause of that consequence
- May be more than 1 person whose act contributed to consequence
- D can be guilty even though his conduct wasn’t only cause of consequence
- Rule is ‘D’s conduct must be more than a minimal cause, but it not need to be a substantial cause of the end consequence’
State which stages must be looked at, in order to establish Legal Causation.
- Thin skull rule
- Chain of Causation
- Acts of a third party
- Victims own act
- Natural but unpredictable event
