Actus reus Flashcards
What is actus reus?
All the elements that do not relate to the state of the mind of the defendant.
Who owes the burden of proof in a criminal case?
The prosecution must prove all elements of the offence, including disproving the defence.
Who owes the evidential burden in a criminal case?
The prosecution must provide sufficient evidence for each element of the offence.
What is the standard of proof in a criminal case?
Beyond a reasonable doubt.
When could the burden of proof shift to the defence?
A defendant may have the legal burden of proving their defence.
The evidential burden may also fall on the defence e.g. enough sufficient evidence to enable them to rely on a defence.
What can actus reus consist of?
Conduct crimes (an act or failure to act)
Result crimes (consequences flowing from a defendant’s conduct)
Circumstance crimes (the existence of certain circumstances at the time of the conduct)
What is a conduct crime?
A criminal offence where the actus reus requires proof of a particular behaviour or conduct to satisfy the actus reus.
What is a result crime?
Where certain consequences follow from the actions of the defendant to satisfy the actus reus.
What is a circumstance/state of affairs crime?
The existence of a state of affairs or particular set of circumstances can satisfy the actus reus.
What is the general rule related to omissions?
There is no liability for omissions unless an exception applies.
What are the exceptions relating to the general rule about omissions? (5)
A statutory duty to act
A contractual duty to act
A special relationship exists between the defendant and victim
A duty exists on voluntary assumption of care
A duty arises because the defendant created a dangerous situation and failed to take reasonable steps to avert it
What is causation and who must prove it?
The prosecution must demonstrate the accused’s act or omission actually caused the prohibited consequence.
What are the two types of causation?
Factual causation
Legal causation
What is factual causation in a criminal context?
‘But for’ the defendant’s conduct, would the consequence have occurred? If the result would have occurred regardless of the conduct, factual causation is not established.
What is legal causation in a criminal context?
Where the defendant’s conduct must be the substantial and operating cause of the consequence, unless there is an intervening act that breaks the chain.
What are some of the rules that may apply to legal causation? (5)
Legal causation will only be established if the result was due to the defendant’s action.
The accused’s contribution is more than trivial or minimal.
The act does not need to be the sole cause.
The accused must take their victim as they find them e.g. eggshell skull rule.
The chain cannot be broken by an intervening act.
What are the three possible ways that a chain of causation may be broken by an intervening act?
Where the victim acts in a particular way
Where an act by some other person intervenes between the defendant’s conduct and the result
Where an event occurs between the defendant’s conduct and the end result
When can the act of a victim break the chain of causation?
Where a victim does something after the initial event but before the consequence occurs, and such intervention must be voluntary.
Can a victim escaping a dangerous situation constitute a break in the chain of causation?
Only if the victim’s response is proportionate to the threat
Whether it is ‘daft’ to be a voluntary act
If the victim is acting in the agony of the moment.
Can suicide constitute a break in the chain of causation?
Not typically - it would likely be within a range of reasonable responses expected within a particular situation.
This may change according to the circumstances.
How can the act of a third party break the chain of causation?
Where their act is free, deliberate and informed or is not reasonably foreseeable.
Can medical negligence break the chain of causation?
Very rarely - only if the medical negligence is so independent of the defendant’s actions and so potent in causing death that it makes the defendant’s actions insignificant.
What types of events can break the chain of causation?
Acts of God - this depends on the foreseeability of the event
