Actus Reus Flashcards
What is AR
‘guilty act’ in latin
where is AR mostly found
common law and statutes
what are conduct crimes
crimes that do not require a particular consequence e.g theft
what are result crimes
crimes that conduct in certain circumstances as well as a particul results is required e.g. Murder
what case defines that actus reus is always required?
Deller
what case defnies that conduct must be voluntary
Hill and baxter
when does causation apply
actus reus on result crimes
if there was no chain of causation or causal link, there will not be….
an actus reus
Causation consists of two parts, what two parts are they
factual and legal causation
what is factual causation also known as
BUT FOR TEST
what case defines the factual causation aka the but for test
White, poison in mothers drink, mother didnt die of poison but of heart attack.
what does legal causation look at?
the legal causation is looking at whether the defendant was the operating and substantial cause
what is substantial cause? what defines this?
it means that the defendants actions must contribute significantly to the end results - case that defines this is Cheshire
what case says there may be a number of operating and substantial causes of the result
Mellor
what case provide the ‘de minimis’ principle and what is the meaing of it
Cato, where defendants actions have to be more than trivia cause of the result
what does pagett define
d’s act need not be the sole or even main cause of v’s death
what does the operating cause mean
means that the defendants actions must have a direct effect to the result and there is no break in the chain of causation - or novus actus interveniens.
what five things could amount to an novus actus interveniens
victim self administering drugs victim trying to escape victim trying to refuse treatment on religious grounds victime interfering with own injuries medical negligence
what was the nai in kennedy
victim self administering drugs
what was the nai in roberts
victim trying to escape - reasonable
what was the nai in williams
victim trying to escape - not reasonable
what was the nai in blaue and what rule was made
victim refusing treatment on religious grounds and the rule was the thin skull rule, find them as you take them.
what was the nai in dear
victim interfering with own injuries - v reopened wounds, nevertheless d was still guilty because injuries would not be there if they did not do it
what was the nai in r v cheshire
medical negligence, d still guilty because bullet wound was significant cause of death
what was the nai in smith
medical negligence, d still guilty because original wound was still the operating and substantial cause of death
what was the nai in malcherek and steel
medical negligence, d still guilty because d held to be operating and substantial cause of death (life support)
what was the nai in jordan
medical negligence, DOCTORS GUILTY, because treatment was described as palpably wrong so the chain of causation was broken by the doctors negligence.
