ACTUS REUS Flashcards
Define Actus Reus
Describes what the defendant must be proven to have done in what circumstances and with what consequences . This is the physical element of a crime.
What are the three elements Actus Reus can be divided into?
Conduct- The defendants physical acts or omissions required for liability.
Circumstance- Facts surrounding D’s conduct required for liability.
Result- The effects of D’s acts required for liability.
Define defendant
The defendant is only guilty of a crime when failing to act, where he or she was under a duty to act
Define Omissions
Generally there is no criminal liability for failing to act, However if D Voluntarily undertakes duty of care like in stone V Dobinson then there will be.
OMISSIONS: Explain Statutory Duty + Case example
Where a statue has specifically enforced a duty to act then this must be carried out. Failing to do so will be a crime.
For example s6 of road traffic act 1988 where a driver who fails to provide a sample of breath when required to do so by a police officer.
OMISSIONS: Explain Public Duty + Case example
The duty to report or failure to act or intervene due to a public position.
For example in R v Dytham - A police officer stood by whilst a bouncer kicked a man to death and failed to intervene. The courts held the officer failed to act in accordance with his public duty.
OMISSIONS: Explain Contractual Duty + Case example
Where D has a contractual duty o complete a certain action then this may be recognised as criminal conduct especially if it involves careers and health professionals.
For example in R v Pittwood - a railway line gatekeeper was under contractual duty to close the gate during his breaks. He failed to do this and a train crashed into a car killing the driver.
OMISSIONS: Explain Special Relationships + Case Example
Where there is a family relationship such as parent to child and between married couples there is a duty to act. This doesn’t apply to siblings
For example in R v Gibbins and Proctor- A father and his wife stavered his young daughter which led to the girls death.
OMISSIONS: Explain Voluntary Duty + Case example
Where D voluntarily assumes a caring role, they must act like the reasonable person
For example in R v Stone and Dobinson - A husband and wife with learning difficulties failed to give adequate care to the husbands sister they had agreed to look after as she had locked herself in her room and died.
OMISSIONS: Explain Dangerous situation + Case Example
Where D causes a serious situation they must act to prevent the harm coming about where D fails to act and breaks their duty the conduct element will be satisfied.
For example in R v Miller - An intoxicated man lit a cigarette whilst sleeping on a mattress, a fire started rather than act to prevent the injury the man went into the next room and fell asleep.
Define Causation
Causation is the link between the action and the consequence
CAUSATION: FC Explain the but for text + Case Example
But for D’s conduct V would not have suffered harm.
R v Pagett - A man took his pregnant ex girlfriend hostage and then used her as a human shield when police were shooting at the man . The police would only see a figure and shot the girl. The man was charged with manslaughter along with multiple other offenses =.
CAUSATION: LC Explain The De Minimis Principle + Case Example
The defendant must make more than just a minimal or trivial contribution to the death or harm of the victim. They don’t have to be the main or sole cause of death or harm.
For example in R v Kimsey - D was involved in a high speed car crash. She lost control of the car and the other driver was killed. The evidence surrounding what happened before the crash was unclear. D was charged with causing death by dangerous driving.
CAUSATION: IA Explain the Act of the Victim + Case Example
Any daft or unexpected act of the V may break the chain of causation
For example in R v Roberts D was giving a lift to the V when he started moving her clothes. The V jumped from the moving car to escape as she though the D was going to rape her.
CAUSATION: IA Explain Act of God + Example
Will break the chain of causation if they are unseen by D and unforeseeable to the reasonable person.
EXAMPLES include unnatural unforeseeable events like earthquakes tsunamis, tornados , car accidents and fires
CAUSATION: IA Explain Act of Third party + Case Examples
Negligent treatment will only break the chain of causation if its palpably wrong and the injuries inflicted by D are largely healed.
R v Cheshire- The defendant shot a man in the stomach and thigh. The man was taken to hospital where he was operated on and developed breathing difficulties. The hospital gave him a tracheotomy his wounds were healing , however, he continued to have breathing difficulty and died from complications arising from the tracheotomy. The defendant was convicted of murder and appealed
R v Jordan- D stabbed V, V taken to the hospital and given anti-biotics after showing an allergic reaction. He was given excessive amounts of IV liquid. He died of pneumonia 8 days after admission to hospital. At the time of death the wounds were healing.
V died of medical treatment not healing.
CAUSATION: Explain the Thin skull rule + Case Example
D Must take V as they find them, this means if they have a pre-existing condition which will be disregarded.
For example in R v Blaue, D stabbed and 18 year old girl four times when she refused to have sex with him. She was a practising Jehovah’s witness and refused a blood transfusion which would have saved her life. The D convicted of manslaughter on the grounds of diminished responsibility.
