Actus Reus

Question 1

what is the Actus Reus?

Answer 1

Latin for guilty act

Describes all the physical elements including omissions that go into assessing liability for criminal offences

Question 2

What is the basic structure to establish Actus Rea?

Answer 2

1) Conduct (concequence)
2) Circumstance
3) Causation

Question 3

What is the conduct of Actus Reus?

Answer 3

Physical act by D but can be an omission

Conduct alone does not mean that D is guilty as MR is usually required

Question 4

What is the Circumstance of Actus Rues?

Answer 4

Some criminal offences require certain circumstances to exist with the conduct element

Question 5

What is the Causation of Actus Reus?

Answer 5

For crimes requiring concequences (result crimes) causation must be established for criminal liability

Consists of a two part legal test:
- Factual
- Legal

Question 6

What is Factual Causation?

Answer 6

Did the result come about because of the defendants conduct?

If the result would have occured anyways there is no factual cause (failing the causation test meaning no criminal liability)

There can be multiple factual causes

Legal test for factual causation: But for test (R v White)

Question 7

What is legal causation?

Answer 7

Can the result fairly be considered the Defendant’s fault?

1) substantial (more than de minimis) - R v KImsey/ R v Cato
2) blameworthy- R v Hughes/ R v Dalloway
3) operating cause (main cause) - R v Smith

Chain of causation must not be broken i.e. no Novus Actus Interveniens (e.g. V’s conduct, third party interventions, medical intervention)

Question 8

What is the Actus Reus for omission liability (conduct)?

Answer 8

Defendants failure to act can satisfy the conduct requirement

no action to prevent the crime

3 part test:
1) Offence capable of commission by omission (homocide offences most common)
2) Defendant has a legally recognised duty to act
3) Defendant breaches legally recognised duty to act

Question 9

What is an offence capable of commission by omission (omission liablilty)?

Answer 9

1) Homocide offences (most common) - Gibbins Procotor
2) Non fatal offences against a person (courts reluctant in these cases) - Santan Bermudez
3) property offences (courts reluctant in these cases) - Miller

Question 10

What are offences that cannot be committed by omission?

Answer 10

1) Rape
2) Unlawful act (i.e constructive) manslaughter
3) throwing missiles

Question 11

What is an offence specific duty to act?

Answer 11

A narrow set of duties where an offence explicitly drafted to allow amissions liability

Question 12

What is a contratual or employment related duty to act?

Answer 12

various contracts can establish duties including employment, property, transportation, health professionals

Question 13

What is a close relationship duty to act?

Answer 13

like familial relations and are generally based on dependence e.g. parent and chid or married couple

Question 14

What is an assumption of care duty to act?

Answer 14

duties based on anyone who voluntarily undertakes care for another as a result of the victims age, infirmity or illness

Question 15

What is a creating a dangerous situation duty to act?

Answer 15

Where the defendant inadvertently and without mens rea creates a danger but then becomes aware of it.

Once D becomes aware of the danger they created, they have a duty to take all the steps necessary to prevent or minimise the harm

Question 16

What are novus actus interveniens (legal causation)?

Answer 16

Defendants conduct need not be the only or primary cause of harm to V for D to be liable

Acts by others can also play a role in harming V

Question 17

What is the Novus Actus Interveniens of victims conduct and drug taking?

Answer 17

Where D supplies V with drugs and V dies does V’s conduct break the chain of causation?

V’s voluntary and free self administration of drugs breaks the chain of causation e.g Kennedy

This is different from D’s administration of drug to V where the causal chain is unbroken

Question 18

What is the Novus Actus Interveniens of victims conduct and the thin skull/ egg shell skull rule?

Answer 18

Defendant must take the V as they find them even where V’s pre- existing characteristics make them more susceptible to physical injury

V’s unique vulnerability does not break the chain of causation

Does not matter if D was not aware of these consitions

Question 19

What is the novus actus interveniens of victims conduct and fight and flight?

Answer 19

Victim brings about their own harm by attemepting to escape the threat posed by the defendant

It must be foreseeable where V’s reaction was reasonably foreseeable based on D’s conduct
/ was v’s conduct unreasonable

It must be voluntary

Question 20

What is the novus actus interveniens of third party conduct?

Answer 20

Can Third party conduct break D’s chain of causation?

Was the third parties actions reasonable based on the defendants conduct and was it free voluntary and informed?

Question 21

What is third party conduct for medical cases?

Answer 21

Does third party medical professional’s conduct break the chain of causation?

The general rule is that third party medical professional’s negligent medical treatment only breaks causal chain where “palpably wrong”

1) Foreseeable
2) Voluntary
3) negligent medical treatment: was it “palpably wrong?”