Actus Reus Flashcards
Definition of actus reus?
Physical element of a crime. Can be an act, omission or state of affairs
Definition of Conduct Crime?
Not necessary for any consequence to be proved
Definition of Consequence Crime?
Must also result in a consequence
Definition of Good Samaritan?
Makes a person responsible for helping other people in a ‘emergency situation’ even though they are strangers
What are the 6 Duties?
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
Example of Statutory Duty?
Road Traffic Act 1988
Example of a Contractual Duty?
R v Pittwood
Example of a Duty Because Of A Relationship?
R v Gibbins and Proctor - father and partner owed a duty to feed the child
Example of a Duty Which Has Been Taken Voluntarily?
R v Stone and Dobinson
Example of a Duty Through Ones Official Position?
R v Dytham
Example of a Duty Which Arises Because The Defendant Set In Motion A Chain Of Events?
R v Miller - fell asleep while smoking and set mattress on fire, failed to act
Definition of Voluntary?
D has no control over his actions then he has not committed actus reus
Cases for Voluntary?
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
Definition of Involuntariness?
D has been convicted even though he did not act voluntarily
Case for Involuntariness?
R v Larsonneur - charged for being an alien
Case for Duty of Doctors?
Airedale NHS Trust v Bland
Definition of Causation?
The defendant’s conduct was the factual cause of that consequence, and it was the legal cause of that consequence
Definition of Factual Causation?
“but for” test
Case for Factual Causation?
R v Pagett
Definition of Legal Causation?
Defendant can be guilty if his conduct was more than a “minimal” cause of the consequence
Case for Legal Causation?
R v Kimsey
Definition of Thin Skull Rule?
D must take victim as he finds him
Case for Thin Skull Rule?
R v Blaue - D stabbed Jehovah Witness and her religion does not allow blood transfusion. Guilty
How can Chain of Causation be broken?
An act of a third party
The victims own act
A natural but unpredictable event
What case shows Medical Treatment is unlikely to break Chain of Causation?
R v Jordan
Unreasonable Reaction?
Victims reaction unreasonable then this may break the chain of causation
Case for Unreasonable Reaction?
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
Victims Own Act?
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
Case for Victims Own Act?
R v Roberts - a girl jumped from a car to escape from Roberts sexual advances. Robert liable for the girl’s injury
What is stated about Life - Support Machine?
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
Case for Life - Support Machine?
R v Malcherek
