Actus Reus

Question 1

What is the actus reus of the offence?

Answer 1

the guilty act or omission

Question 2

What are the two aspects of causation?

Answer 2

Factual causation:
-‘but for’ (R v White)
- any action that accelerates the death is a cause (R v Dyson)
Legal causation:
-The defendant must be an ‘operating and substantial’ cause of the prohibited consequence (R v Pagett)
o Substantial meaning – more than minimal cause (R v Hughes)
The defendant doesn’t need to be the only cause of the prohibited consequence (R v Benge).
o Operating meaning – there is no novus actus interveniens

Question 3

How can medical negligence break the chain of causation?

Answer 3

• if the OG wound is still the operating and substantial cause then medical negligence won’t break the chain
• courts are reluctant to allow medical malpractice to break the chain
• only if the medical treatment was so independent of the act

Question 4

How can an act of a third party break the chain of causation?

Answer 4

must be ‘free, deliberate and informed’ (R v Pagett)

Question 5

How can an act of a victim break the chain of causation?

Answer 5

flight v fight
- must be ‘so daft and unreasonable’
Refusing medical treatment
- take the victim as u find them (unlikely to break)
suicide
- injuries inflicted by the defendant have healed, but the victim goes on to commit suicide
- voluntary and informed decision of the victim to act(R v Kennedy)

Question 6

How is the thin skull rule relevant in causation?

Answer 6

• must take the victim as you find them (R v Hayward)

Question 7

How can a natural event break the chain of causation?

Answer 7

• only if they are extraordinary and not reasonably foreseeable

Question 8

What is the general rule around omissions?

Answer 8

A defendant cannot be criminally liable for a failure to act as there is no general duty to act to prevent harm (R v Smith)

Question 9

Where is there a legal duty to act (aka omissions will still be liable)?

Answer 9

Statutory duty, special relationship, voluntary assumption, contract, the defendant creating a dangerous situation or public office

Question 10

What sorts of relationships have a legal duty to act?

Answer 10

• doctor/ patient
• parent/child (R v Gibbons and Proctor)
• spouses (R v Hood)

Question 11

What duty arises when someone creates a dangerous situation?

Answer 11

The person has a duty to take reasonable steps to counteract the dangerous situation created (R v Miller)