ACTUS REUS

Question 1

• DEFINITION OF ACTUS REA

Answer 1

: The physical element of a crime.

Question 2

TYPES OF ACTUS REUS

Answer 2

Acts: Physical actions.

Omissions: Failure to act when under a legal duty.

Events or States of Affairs: Situations where liability arises from circumstances beyond the defendant’s control.

Consequences: Some crimes require a specific result (e.g., murder requires death).

Question 3

TYPES OF OMISSIONS

Answer 3

-Duty from a Special Relationship: (e.g., R v Gibbons and Proctor—failure to feed a child).

-Voluntary Assumption of Care: (e.g., R v Stone and Dobinson—failure to care for a dependent).

-Creation of Danger: (e.g., R v Miller – failure to prevent harm from a fire caused by the defendant).

-Doctor-Patient Duty: (e.g., Airedale NHS Trust v Bland – withdrawal of life-sustaining treatment).

Question 4

TYPES OF CAUSATION

Answer 4

• Factual Causation: The “but for” test (e.g., but for the defendant’s actions, the result wouldn’t have occurred).
• Legal Causation: The act must be a significant contribution to the result. Consideration of intervening acts that might break the chain of causation.

Question 5

CATEGORIES OF CRIMES

Answer 5

• Conduct Crimes: No specific result needed; the act alone is enough.
• Result Crimes: A specific consequence must occur (e.g., death in murder cases).
• Circumstances: Many crimes require certain conditions (e.g., rape requires non-consent).