Actus Reus Flashcards
In what instances can a killing be lawful?
If a defence such as self defence is pleased successfully the killing will be lawful
How can the ‘killing’ of the victim happen?
By act or omission
What is an example of an ‘act’ that would kill?
To shoot or stab
What is an omission?
Where the defendant failed to act under their legal duty
What is an example of an unlawful killing as a result of an omission?
R v Gibbins and Proctor (1918)
What is the case of R v Gibbins and Proctor (1918) relevant too?
An unlawful killing happening as a result of an omission
What case happened in 1918?
R v Gibbins and Proctor (1918)
In what year was the case of R v Gibbins and Proctor?
1918
What happened in the case of R v Gibbins and Proctor (1918)?
They failed to fulfil their duty as parents and Gibbins daughter died
What type of crime is murder?
A result crime
What must be proved by the prosecution to establish it was a murder?
Factual and legal causation
What is the problem with the actus reus of murder?
The term ‘human being’ because there are different beliefs at what point a foetus becomes a human being and what stage of the death process a person becomes a corpse
What is the problem with the term ‘human being’?
There are different beliefs at what point a foetus becomes a human being and what stage of the death process a person becomes a corpse
What is the actus reus of murder?
The unlawful killing of a human being under the queens peace and death has occurred
In what instances can a killing be lawful?
If a defence such as self defence is pleased successfully the killing will be lawful
How can the ‘killing’ of the victim happen?
By act or omission
What is an example of an ‘act’ that would kill?
To shoot or stab
What is an omission?
Where the defendant failed to act under their legal duty
What is an example of an unlawful killing as a result of an omission?
R v Gibbins and Proctor (1918)
What is the case of R v Gibbins and Proctor (1918) relevant too?
An unlawful killing happening as a result of an omission
What case happened in 1918?
R v Gibbins and Proctor (1918)
In what year was the case of R v Gibbins and Proctor?
1918
What happened in the case of R v Gibbins and Proctor (1918)?
They failed to fulfil their duty as parents and Gibbins daughter died
What type of crime is murder?
A result crime
What must be proved by the prosecution to establish it was a murder?
Factual and legal causation
What is the problem with the actus reus of murder?
The term ‘human being’ because there are different beliefs at what point a foetus becomes a human being and what stage of the death process a person becomes a corpse
What is the problem with the term ‘human being’?
There are different beliefs at what point a foetus becomes a human being and what stage of the death process a person becomes a corpse
What is the actus reus of murder?
The unlawful killing of a human being under the queens peace and death has occurred
What is the definition the courts have provided as to when a foetus becomes a human being?
The baby has to have ‘an independent existence to that of the mother for it to be considered a creature in being’
At what stage is a foetus recognised as a human being?
When it can have ‘an independent existence to that of the mother’
What case of relevant to questions regarding the term ‘human being’?
R v Poulton (1823)
What year was the case of R v Poulton?
1823
What case happened in 1823?
R v Poulton (1823)
What is the case of R v Poulton (1823) relevant too?
The definition of a human being
What happened in the case of R v Poulton (1823)?
The mother tied the string around the neck of the baby and killed it whilst in the process of being bored. The court held the baby had to be fully expelled from the body to be considered a person and for it to be murder
What was the outcome of R v Poulton (1823)?
The court held the baby has to be fully expelled from the body for it to be considered a person and for it to be murder
What is the current stance on ‘the brain dead’ and if they are a ‘creature in being’?
There is no definitive answer, medical professionals and the law are still confused on this matter
How are the ‘brain dead’ treated in relation to murder?
Doctors can turn their life support machines off and this does not break the chain of causation, the defendant would still be found guilty of murder. This suggests that brain death is a recognised test.
Explain the ‘queens peace’ element of the actus reus…
It means that the killing of an enemy during war time is not murder
Explain the ‘death to occur’ part of the actus reus…
There used to be a rule that for a defendant to be liable for a fatal offence the victim had to die within a year and a day of the act/omission
Why has the year and a day rule been abolished?
Because it meant in certain circumstances, such as with life support machines, if the victim was on life support for longer than a year and a day the defendant could not be found guilty
What abolished the year and a day rule?
Law Reform (year and a day rule) act 1996
What act was passed in 1996?
The law reform (year and a day rule) act
In what year was the law reform (year and a day) act passed?
1996
What happens if the death occurs after 3 years of the unlawful act?
The attorney generals consent is needed for a prosecution
