Actus reus Flashcards
What is Actus Reus?
The physical element of a crime, which can be an act, omission, or state of affairs.
Actus Reus must be voluntary unless strict liability applies.
What distinguishes Conduct Crimes from Result Crimes?
Conduct Crimes are criminal based on the act itself, while Result Crimes require the act to cause a specific result.
Example: Murder is a Result Crime that requires a death.
What are the three types of Actus Reus?
1) Acts
2) Omissions
3) State of Affairs
What is an example of an Act in Actus Reus?
A positive action, such as stabbing someone.
This reflects the direct involvement in a criminal act.
What defines an Omission in Actus Reus?
Failure to act when there is a duty to do so.
There is no general duty to act, but exceptions exist.
List the exceptions where a duty to act exists.
- Statutory Duty
- Contractual Duty
- Duty through Relationship
- Voluntary Assumption of Duty
- Official Position
- Creating a Dangerous Situation
What is an example of a Statutory Duty?
Failure to provide a breath sample under s.6 Road Traffic Act 1988.
This is an example of a legal obligation to act.
What is an example of a Contractual Duty?
Pittwood – railway gatekeeper failed to close the gate.
This illustrates liability arising from a contractual obligation.
What is an example of a Duty through Relationship?
Gibbins & Proctor – parents starving their child.
This demonstrates the duty parents have towards their children.
What is an example of a Voluntary Assumption of Duty?
Stone & Dobinson – failing to care for an ill relative.
This shows that taking on a duty can create liability.
What is an example of Official Position leading to liability?
Dytham – police officer failing to intervene in an assault.
This indicates the responsibilities of public officials.
What is an example of Creating a Dangerous Situation?
Miller – failure to put out a fire he started.
This highlights liability arising from one’s own actions that create danger.
What is Factual Causation?
‘But for’ test (R v White).
This assesses whether the result would have occurred without the defendant’s actions.
What is Legal Causation?
Operative and substantial cause (R v Smith).
This determines whether the defendant’s actions were a significant factor in the result.
What are Intervening Acts?
- Third-party actions
- Victim’s own act
- Natural events
What is an example of a Third-party action breaking causation?
R v Jordan – medical negligence breaking causation.
This illustrates how external factors can interrupt the chain of causation.
What is an example of a Victim’s own act affecting causation?
R v Roberts – foreseeable reaction.
This shows that a victim’s actions can be a contributing factor in causation.
What can break the chain of causation in terms of Natural events?
Unforeseeable natural disaster.
This indicates that not all events are predictable or controllable.
What is the significance of Actus Reus in criminal liability?
It is a key element that can be an act, omission, or state of affairs, and some crimes require proof of causation.
Understanding Actus Reus is essential for determining criminal responsibility.
