Actus Reus

Question 1

Actus reus definition

Answer 1

Physical element of the crime (guilty act)

Question 2

Actus reus case

Answer 2

Must always be voluntary (Hill v Baxter)

Question 3

Actus reus can be

Answer 3

Positive act, doing something
Omissions, failure to act

Question 4

Types of AR

Answer 4

Result crimes, need certain outcome GBH, ABH, murder, assault
Conduct crimes, only certain behaviour needed theft, rape, perjury
State of affairs crime, “being” rather than “doing” larsonneur (being in UK illegally)

Question 5

Omission definition

Answer 5

Failure to act

Question 6

Omission duty to act as a parent

Answer 6

(Gibbins + Proctor)

Question 7

Omissions assumed duty to act

Answer 7

(Stone + Dobinson)

Question 8

Omissions contractual duty to act

Answer 8

(Pitwood)

Question 9

Omissions duty to act as D set in motion a chain of events

Answer 9

(Miller)

Question 10

Omissions public duty to act

Answer 10

(Dytham)

Question 11

Omissions statutory duty to act

Answer 11

S170 Road Traffic Act 1988

Question 12

Factual causation

Answer 12

‘But for’ the actions of D the V would not have sustained loss or injury (White)

Question 13

Legal causation

Answer 13

D’s actions are more than minimal cause and the operating and substantiating cause of V’s injury/death (Smith)

Question 14

Intervening acts

Answer 14

Act of a 3rd party (Smith)
Medical negligence (Cheshire)
V’s own actions (Roberts)
Act of God

Question 15

Thin skull rule

Answer 15

D must take V as they find them (Blaue)