Actus Reus Flashcards
1
Q
What is Actus Reus?
A
- The act of the crime
- Action element of the crime
- There must be guilty conduct by the defendant
2
Q
Eggshell Skull Rule?
Case?
A
- ‘Must take your V as you find them
- V’s weakness will be irrelevant and will not break the chain of causation.
- R v BLAUE D stabbed woman who was a Jehovah’s Witness. Refused a blood transfusion,
3
Q
Omissions?
A
- An omission is a failure to act
- when the law imposes a duty to act and the defendant is in breach of that duty
4
Q
Omission : Duty arising out of relationship?
Cases?
A
- Care or control of children
- Assumption of Care for Another R v STONE AND DOBINSON
- Contractual duties R v Pittwood
5
Q
Omission : Duty Arising out of a Danger of One’s Own Making
A
- Where person creates dangerous situation, they are under obligation to remove the danger R v MILLER
6
Q
Omissions : Medical Treatment
Case?
A
- doctors are required to act to provide their patients with proper medical treatment
- This is removed where patient with the required level of capacity refuses treatment.
- Airedale National Health Service Trust v Bland
7
Q
Exceptions
A
- The actus Reus must be voluntary by the defendant
- Automatism
8
Q
Factual Causation?
Case?
A
- The ‘but for’ test. but for the D’s actions, the V would not have suffered the harm
- R v WHITE poisoned his mother
9
Q
Legal causation?
Cases?
A
- D was substantial cause, more than slight or trifling (R v KIMSEY)
- D must be blameworthy ( R v DALLOWAY)
- D must be operating cause (R v PAGETT)
10
Q
Intervening acts (Novus actus interveniens)?
A
- D may not be liable if chain of causation is broken. This can happen in two ways: The act of a third party or event
11
Q
Medical intervening acts?
Cases?
A
- medical treatment must be so independent of D’s acts that it causes death, making the D’s act insignificant
- R v JORDAN
- R v CHESHIRE
12
Q
Acts of Victim (intervening)
Case?
A
- Individual should be held responsible for acts that they undertake freely.
- R v WILLIAMS AND DAVIES
