Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

A-LEVEL LAW > ACTUS REUS > Flashcards

ACTUS REUS Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

what is meant by the exception to the rule of omission? (1)

A

in some cases it is possible for failure to act (an omission) to be the actus reus.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what case shows the controversy on the good Samaritans law? (1)

A

Miller (1983)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

how can a duty exist? (6)

A

-a statutory duty
-a contractual duty
-a duty through ones official position
-a duty through relationship
-voluntarily taking a duty
-duty through chain of causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is a statutory duty? (1)

A

a duty which has been implemented through statutes made by parliament, in which an individual can be liable for omission.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what are some issues with the good Samaritans law? (2)

A

can a person be liable for making a situation worse if they try and help?
should a person put themselves in danger to try and help someone else?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

why must committing a crime be of voluntary nature for an actus reus to apply? (1)

A

if an act is not said to be done voluntarily then the individual can not said to be liable, therefore the actus reus cannot apply.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is an example of the application of the good Samaritans law? (1)

A

the death of princess Diana in 1997, the French reports who videoed the accident and did not help the princess were threatened with charged from the French authorities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what is the ‘good Samaritan’ law? (1)

A

makes an individual liable in the event of an emergency situation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what is an omission? (1)

A

failure to act and cannot make a person guilty of an offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is a case that shows involuntariness to a crime? (1)

A

Larsonneur (1933)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what is a state of affairs crime? (1)

A

an offence in which the offender is caught in the situation such as carrying an offensive weapon in a public place (s1 of the crime prevention act 1953)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what is meant by a consequence? (1)

A

An actus reus is committed where, as well as the defendant doing (or not doing something) there is also a particular prohibited consequence that is caused by the defendant’s conduct.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what point did the Hill v Baxter (1958) case make? (2)

A

gave scenarios in which a driver could not be said to be driving volunatrily such as being stung by a swarm of bees, having a stone come through the windshield or having a heart attack (R v Mitchell (1953)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what case gave examples of involuntary nature to a crime? (1)

A

Hill v Baxter (1958)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what is criminal law concerned with, in terms of voluntary nature of a crime? (1)

A

the law is concerned with the fault of the offender, where the offender is not to blame they are usually not liable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what is an example of a state of affairs crime? (2)

A

-possession of a controlled drug (s5 of the misuse of drugs act 1971)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what is an example of a consequence, in terms of actus reus? (2)

A

seen in the assault occasioning actual bodily harm act, s47 of the offences against persons act 1861

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what did the house of lords emphasise in medical treatment? (1)

A

that assisted suicide (euthanasia) by positive act would remain unlawful.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what are statutory duties? (1)

A

statues that impose duties in a variety of situations and make it an offence to fail to do something.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what is meant by strict liability? (1)

A

in which mens rea is not needed for at least one aspect of the actus reus.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what is the justification of cases for strict liability? (2)

A

-public protection and safety
-difficulty in proving certain offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

what is an example of a strict liability case? (1)

A

the offence of causing or allowing the death of a child or vulnerable adult under the domestic violence, victims and crime act 2004 because of the difficulty in proving who in the household caused it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

what are the current issues on the law of omissions? (5)

A

-omissions in medical treatment
-the situations for omissions
-should a person be liable for failure to act
-the justification for statutory imposition of liability
-when a duty should be imposed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

when was the duty of doctors determined, in terms of omission? (1)

A

Airedale NHS trust v Bland (1993)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

what does the existance of a duty allow? (1)

A

allows more coverage over certain situations as stated in Khan and Khan (1998)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

how is the existence of a duty decided? (1)

A

is decided by the trial judge, will look at the case facts and decide whether a legal duty has not been furfilled.

27
Q

what is meant by assuming a duty? (2)

A

if an adult takes voluntary duty by accepting another adult into their home e.g R v Stone and Dobinson (1977)

28
Q

what is an example of a chain of event duty? (2)

A

R v Miller (1983)
DPP v Santana Bemudez (2003)

29
Q

what are some cases that show voluntary duty and failure to fulfil? (3)

A

R v Gibbins and Proctor (1918)
R v Stone and Dobinson (1977)
R v Evans (2009)

30
Q

what is meant by a chain of events duty? (1)

A

the concept of owing a duty and being liable through omission.

31
Q

what is meant by the duty of doctors? (1)

A

there can be cases where doctors decide to stop treating a patient because they believe it is what is best for the patient. they cannot be liable and therefore there is no actus reus.

32
Q

what is an example of a failure to do a duty through an official position? (1)

A

R v Dytham (1979)

33
Q

(vehicle)
what is an example of failure to a statutory duty? (2)

A

failure to report a traffic accident (s170 of the traffic accident act 1988) and failure to produce a breath specimen (s6 of the traffic accident act 1988)

34
Q

what is an example of where a contractual duty was not met? (2)

A

R v Pittwood (1902) a railway keeper omitted to shutting the gates causing an individual to get struck and killed by a train. he was convicted of manslaughter.

35
Q

(negligence)
what is an example of failure to a statutory duty? (1)

A

allowing the death of a child or vulnerable adult under s5 of the domestic violence, victims and crime act 2004

36
Q

what is an example that shows failure to do a duty due to a relationship? (1)

A

R v Gibbons and proctor (1918)

37
Q

what is meant by a duty to a relationship? (1)

A

usually a parent and child relationship.

38
Q

what is a contractual duty? (1)

A

failure to do a duty that is within a contract.

39
Q

what is meant by factual cause? (1)

A

the defendant can only be found guilty if the consequence would not have occurred ‘but for’ the defendants conduct.

40
Q

what law was applied in the Malcherek (1981) case? (1)

A

switching off a life support machine does not break the chain of causation.

41
Q

what is meant by legal cause? (2)

A

the rule is that the defendant can be found guilty if his or her conduct was more than a minimal cause of the consequence (does not have to be a substantial cause).

42
Q

what is a case example for legal causation? (2)

A

R v Kimsley (1996)
the court held that instead of using de minimas the jury shoul infer more than a trifling ink’

43
Q

how must the prosecution prove a consequence? (2)

A

the prosecution must prove that the consequence was both legal and factual

44
Q

what is a case for factual causation? (2)

A

Pagett (1983)
white (1910)

45
Q

what did the R v Hughes (2013) case point out? (2)

A

the court held that legal causation was not enough of its own liability. it distinguished between ‘cause’ and ‘but for’ sense without which the consequence would not have occurred.

46
Q

what is the thin-skull rule? (2)

A

the defendant must take the victim as he or she finds them which means that if the victim has a physical or mental state which causes a severe injury then the defendant are liable for the more serious injury.

47
Q

what is meant by multiple causation? (1)

A

when more than one persons act cause the prohibited consequence.

48
Q

what is an example of multiple causation? (1)

A

R v Kimsley (1996)

49
Q

how is the chain of causation broken? (1)

A

the chain of causation is only broken when another external factor ‘is so potent in causing death’ that the defendants actions are insignificant.

50
Q

what is an example of when the thin skull rule was applied? (1)

A

R v Blaue (1975)

51
Q

what is an example where the chain of causation is broken? (1)

A

Pagett (1983)

52
Q

what factors effect the chain of causation? (3)

A

-acts of a third party
-victims own acts
-natural but unpredictable events

53
Q

what is meant by intervening acts? (1)

A

more commonly known as the chain of causation.

54
Q

what law was applied to the smith (1959) case? (2)

A

the defendant is still liable, as long as the injuries are still potent.

55
Q

what are some cases in which medical treatment had impacted the chain of causation? (4)

A

Jordan (1956)
Smith (1959)
Malcherek (1981)
Cheshire (1991)

56
Q

how can medical treatment effect the chain of causation? (1)

A

medical treatment does not usually break the chain of causation unless ‘it is so potent in causing death’ that the defendants acts are insignificant.

57
Q

what law is applied in the cheshire (1991) case? (1)

A

medical treatment will only break the chain or causation if ‘its is so potent in causing death’ that the defendants acts are insignificant.

58
Q

what are the facts of the Jordan (1956) case? (2)

A

The victim was stabbed. his wounds were virtually healed when he was given a dose of a drug he was a known allergic for.

59
Q

what are the facts of the smith (1959) case? (2)

A

a soldier shot another soldier, the soldiers medical treatment was very poor and affected his chances of recovery.

60
Q

what are the facts of the malcherek (1981) case? (2)

A

a man stabbed his wife. his wife was put on life support and after the tests showed that she was brain dead the life support was removed.

61
Q

what are the facts of the chesire (1991) case? (2)

A

the defendant shot the victim, the victim needed a tracheotomy. the victim died due to complications of the tracheotomy even though his wounds were virtually healed.

62
Q

what law was applied to the jordan (1956) case? (1)

A

the chain of causation was broken in this case.

63
Q
A

A-LEVEL LAW (45 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions