Actus Reus Flashcards

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1
Q

Car accident, Not voluntary, Swarm of bees

What is the first rule of AR? & case which confirms it

A

The act must be voluntary - if D does not will the act he cannot have committed the AR

Hill v Baxter; driver went through a stop sign and collided with another vehicle

HELD; Evidence was not suffiecent to establish that D’s act was not voluntary – Judge gave an example of an involuntary act (D distracted by a swarm of bees, therefore the act would not have been voluntary)

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2
Q

No omission

What is the second rule of AR and the phrase which goes with it?

A

AR cannot be committed by omission - failure to act as in English law there is no ‘Good Samaritan’ rule no obligation to save someone

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3
Q

Special relationship, Assuming care for another

What are the exceptions of failiure to act?

A

Duty arrising from special relationship - R v Gibbons and Proctor (Omission was criminal as they had a duty to act, daughter was starved to death)

Duty arising from the assumption of care for another - R v Stone and Dobinson (D’s assumed a duty to act when they started looking after V - omission to get help formed AR of manslaughter)

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4
Q

Public duty, Limit a danger of ones own making

What are some exceptions of failing to act?

A

Duty arising from offical position - R v Dytham
(As D had a public duty to act, his omission to intervene formed the AR of misconduct in a public office)

Duty to limit a danger of ones making - R v Miller (As D created a dangerous situation he had a duty to act - his omission formed the AR of arson

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5
Q

Contractual duty, Stautory duty

What are the exceptions to Omissions?

A

Duty arising from contract of employment - R v Pittwood (As D had a contractual duty to act, his omission to close the gate formed the AR of manslaughter)

Stautory duty to act (Failing to stop at the scene of a road traffic accident is an offence under section 170 RTA 1988)

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6
Q

What is meant by the Coincidence rule/Contemporaneity rule?

A

When the AR and MR occur that the same time

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7
Q

Legal principle of Fagan

A

Driving onto police officers foot and remaing there was part of a continuing act

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8
Q

Legal principle of Thabo Meli

A

As long as the AR and MR both occur during a series of events, they coincide and D is criminally liable

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9
Q

What is the third rule of AR

A

The act must cause a particular type of harm in fact and law

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10
Q

What is meant by causation in fact & cases that apply

A

“But for” D’s act the V would not have died or suffered injury

R v White - “But for” D’s act of poisoning his mother would she have lived? No because she died of a heart attack, not the poisoning

R v Pagett - “But for” D’s act of using his pregnant girlfriend has a human sheild against armed police, would she have lived? Yes therefore D was liable for her death in fact

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11
Q

What is meant by causation in law & cases that apply

A

Confirmed in Cheshire - Was D more than a minimal cause of death or injury?

Kimsey - There must be more then a slight or triffling link between D’s act and the death or injury

R v Smith - The stab wound was the operating and substantial cause of death

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