Actus Reus

Question 1

Legal requirements for criminal liability

Answer 1

Actus reus + Mens Rea + no defence

Question 2

Three elements of Actus Reus

Answer 2

Conduct, circumstances, causation

Question 3

Types of crimes

Answer 3

result crimes, conduct only crimes

Question 4

What is a result crime?

Answer 4

A crime which causes or results in specified consequences

Question 5

What is a conduct only crime?

Answer 5

Where the conduct used is the offence, and there is no no required result element

Question 6

Result crime formula

Answer 6

Conduct/Consequence + circumstance + causation = Actus reus

Question 7

Conduct only crime formula

Answer 7

Conduct + circumstance = actus reus

Question 8

What do conduct only crimes include?

Answer 8

Fraud, rape and driving offences

Question 9

Causation 2-part legal test

Answer 9

Factual case + legal case

Question 10

What is a factual case?

Answer 10

Questions whether the result came about because of the defendant’s conduct

Question 11

What is a legal case?

Answer 11

Questions whether the result can be considered the defendant’s fault

Question 12

Factual case test

Answer 12

• ‘But for’
• If the result would have occurred anyway, there is no factual case

Question 13

De minims meaning

Answer 13

More than negligible/insignificant

Question 14

The skull/eggshell rule

Answer 14

Defendant must take the victim as they find them, irrelevant that the defendant would have a different effect on someone else

Question 15

Victim’s conduct

Answer 15

Where the victim brings about their own harm by attempting to escape the defendant, the victim’s conduct does not break the chain of causation

Question 16

What is the chain of causation?

Answer 16

A linked series of events leading from cause to effect, typically in the assessment of liability for damages

Question 17

Drug cases

Answer 17

• Where the defendant supplies drugs and the victim inject drugs, overdoses and dies, the victim’s conduct breaks the defendant’s chain of causation for their death
• Must consider whether the victim’s act of injecting was free, voluntary and an informed choice

Question 18

Third party conduct

Answer 18

Wouldn’t break the defendant’s chain of causation unless the outcome is a reasonably foreseeable possibility

Question 19

Medical negligence

Answer 19

• Medical professional’s negligent treatment wouldn’t break the defendant’s chain of causation unless the treatment was independent or bad
• Must be so independent and potent that it renders the defendants’ actions insignificant even if they started the chain of events

Question 20

Omission meaning

Answer 20

Failure to act

Question 21

Conduct omissions

Answer 21

• Where the defendant fails to prevent the crime
• No ‘Good Samaritan Law’
• Public policy reasons for not imposing liability
  Undermined autonomy

Question 22

Commission by omission

Answer 22

An act of commission (doing something wrong) or omission (failing to do the right thing) that leads to an undesirable outcome or significant potential for such an outcome.

Question 23

Three requirements of commission by omission

Answer 23

• Capable
• Legally recognised duty to act
• Defendant breached this legally recognised duty

Question 24

If 3 requirements for commission for omission are met…

Answer 24

Do the test for causation