Actus Reus

Question 1

Definition of actus reus?

Answer 1

Physical element of a crime. Can be an act, omission or state of affairs

Question 2

Definition of Conduct Crime?

Answer 2

Not necessary for any consequence to be proved

Question 3

Definition of Consequence Crime?

Answer 3

Must also result in a consequence

Question 4

Definition of Good Samaritan?

Answer 4

Makes a person responsible for helping other people in a ‘emergency situation’ even though they are strangers

Question 5

What are the 6 Duties?

Answer 5

A Statutory Duty

A Contractual Duty

A Duty Because Of A Relationship

A Duty Which Has Been Taken Voluntarily

A Duty Through Ones Official Position

A Duty Which Arises Because The Defendant Set In Motion A Chain Of Events

Question 6

Example of Statutory Duty?

Answer 6

Road Traffic Act 1988

Question 7

Example of a Contractual Duty?

Answer 7

R v Pittwood

Question 8

Example of a Duty Because Of A Relationship?

Answer 8

R v Gibbins and Proctor - father and partner owed a duty to feed the child

Question 9

Example of a Duty Which Has Been Taken Voluntarily?

Answer 9

R v Stone and Dobinson

Question 10

Example of a Duty Through Ones Official Position?

Answer 10

R v Dytham

Question 11

Example of a Duty Which Arises Because The Defendant Set In Motion A Chain Of Events?

Answer 11

R v Miller - fell asleep while smoking and set mattress on fire, failed to act

Question 12

Definition of Voluntary?

Answer 12

D has no control over his actions then he has not committed actus reus

Question 13

Cases for Voluntary?

Answer 13

Hill v Baxter - lost control of vehicle because a swarm of bees stung him

R v Mitchell - D pushed in a queue, 72-year-old man told him off and D pushed the man into an old lady who died of her injuries. Not liable

Question 14

Definition of Involuntariness?

Answer 14

D has been convicted even though he did not act voluntarily

Question 15

Case for Involuntariness?

Answer 15

R v Larsonneur - charged for being an alien

Question 16

Case for Duty of Doctors?

Answer 16

Airedale NHS Trust v Bland

Question 17

Definition of Causation?

Answer 17

The defendant’s conduct was the factual cause of that consequence, and it was the legal cause of that consequence

Question 18

Definition of Factual Causation?

Answer 18

“but for” test

Question 19

Case for Factual Causation?

Answer 19

R v Pagett

Question 20

Definition of Legal Causation?

Answer 20

Defendant can be guilty if his conduct was more than a “minimal” cause of the consequence

Question 21

Case for Legal Causation?

Answer 21

R v Kimsey

Question 22

Definition of Thin Skull Rule?

Answer 22

D must take victim as he finds him

Question 23

Case for Thin Skull Rule?

Answer 23

R v Blaue - D stabbed Jehovah Witness and her religion does not allow blood transfusion. Guilty

Question 24

How can Chain of Causation be broken?

Answer 24

An act of a third party
The victims own act
A natural but unpredictable event

Question 25

What case shows Medical Treatment is unlikely to break Chain of Causation?

Answer 25

R v Jordan

Question 26

Unreasonable Reaction?

Answer 26

Victims reaction unreasonable then this may break the chain of causation

Question 27

Case for Unreasonable Reaction?

Answer 27

R v Williams and Davis - hitch hiker jumped from William’s car and died from head injury because William was trying to take his wallet

Question 28

Victims Own Act?

Answer 28

D causes the victim to react in a reasonably foreseeable way, then any injury to the victim will be considered to have been caused by the defendant

Question 29

Case for Victims Own Act?

Answer 29

R v Roberts - a girl jumped from a car to escape from Roberts sexual advances. Robert liable for the girl’s injury

Question 30

What is stated about Life - Support Machine?

Answer 30

Switching off a life support machine by a doctor when it has been decided that the victim is brain dead does not break chain of causation

Question 31

Case for Life - Support Machine?

Answer 31

R v Malcherek