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Law 02 > Actus Reus > Flashcards

Actus Reus Flashcards

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1
Q

Parliament make laws, what are these known as?

A
  • Acts of parliament
  • Statutes
  • Legislation
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2
Q

What does ‘Actus Reus’ mean in latin?

A

The guilty act

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3
Q

What is the Actus Reus?

A

The Actus Reus is the physical element of the crime

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4
Q

What can an Actus Reus be?

A

The Actus Reus can be:

  • An act
  • A failure to act (omission)
  • A state of affairs
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5
Q

How must the defendant be acting in order for him to be causing the Actus Reus by an Act or Omission.

A

They must be acting voluntarily and must be in control of their actions

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6
Q

What is a state of affairs?

A

Where the defendant has formed the Actus Reus involuntarily, simply die to being in the wrong place at the wrong time, by being forced to form the Actus Reus.

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7
Q

What is the case that is an example of state of affairs?

A

The LARSONNEUR case

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8
Q

What is an omission?

A

An omission is a failure to act

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9
Q

What are the six situations in which someone can cause an omission?

A
  • 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 because the defendant is set in motion a chain of events.
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10
Q

What is the example for a statutory duty?

A
  • Children and young persons act 1933

- Road traffic act 1988

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11
Q

What is the example of a contractual duty?

A

Pittwood

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12
Q

What is the example for a duty because of a relationship?

A

Gibbons and Proctor

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13
Q

What is the example for a duty which has been taken voluntarily?

A

Stone and Dobinson

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14
Q

What is the example for a duty through ones position?

A

Dytham

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15
Q

What is the example for a duty because the defendant is set in motion a chain of events?

A

Miller

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16
Q

What is Causation?

A

Where a consequence must be proved, prosecution must show that the defendants conduct was:-

  • The factual cause of that consequence
  • The legal cause of that consequence
  • there was no intervening act which broke the chain if the causation
17
Q

What is the factual cause?

A

The defendant can only be found guilty if the consequence would not have happened ‘but for’ the defendants conduct.

18
Q

What is the case to show the ‘but for’ test?

A

Pagett

19
Q

What is the case to show the opposite of the ‘but for’ test?

A

White

20
Q

What is legal causation?

A

Where the defendant can be found guilty if his conduct was more than a ‘minimal’ cause of the consequence

21
Q

What is the case that is an example of legal causation?

A

Kimsey

22
Q

What is the chain of causation?

A

The direct link between the defendants act and the consequence

23
Q

How can a chain of causation be broken?

A
  • An act of a Third Party
  • Victims own act
  • A natural but unpredictable event
24
Q

What is an act if a Third Party?

A

Sometimes someone else does something to the victim that may break the chain of causation and this would then mean that the person who performed the original act would no longer be liable

25
Q

The cases that explains the Chain of Causation is not broken even though there was an act of a Third Party

A
  • R v Smith
  • R v Cheshire
  • R v Malcherek
26
Q

The case that explains the chain of causation was broken due to an act of a Third Party

A
  • R v Jordan
27
Q

The case that explains the chain of causation was broken due to the Victim’s Own Act

A
  • R v Roberts
28
Q

The case that explains the chain of causation was not broken due to the Victim’s Own Act

A
  • R v Williams
29
Q

What is the Thin Skull Rule?

A

Where the defendant must take his victim/victims as he finds them.

30
Q

The case that explains the Thin Skull Rule

A
  • R v Blaue

Law 02 (6 decks)

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