Actus Reus - Criminal Law

Question 1

What does actus reus mean in criminal law?

Answer 1

Guilty act

Question 2

What can an actus reus be?

Answer 2

It can be an act, a failure to act (an omission) or a “state of affairs”

Question 3

What are conduct crimes?

Answer 3

Where its not needed for consequences to be proved. In theft the prohibited conduct was stealing someone else’s property

Question 4

What are consequence crimes?

Answer 4

Where the prohibited conduct must also result in a consequence

Question 5

Whats an example of consequence crimes?

Answer 5

In ABH, there must be a consequence such as a bruise or broken nose for AR to be complete

Question 6

What are state of affairs crimes?

Answer 6

The AR where the defendant is responsible

Question 7

Whats an example of state of affairs crime?

Answer 7

Possession of a controlled drug. It doesn’t matter is going to use the drug or sell it, the possession of it alone is enough for the AR

Question 8

Whats the voluntary nature of Actus Reus?

Answer 8

The defendant’s act or omission must be voluntary. If the D has no control over their actions, then they haven’t committed the AR

Question 9

What happened in R v Mitchell?

Answer 9

The D punched an old man which made him fall backwards into an old woman who died from her injuries. The old man wasn’t convicted, but D was convicted of manslaughter. Shows that criminal law is only concerned on the part of the defendant.

Question 10

Describe Hill v Baxter

Answer 10

The Court gave examples in obiter dicta of a D lacking criminal liability. When a driver loses control of a car as he was stung by a swarm of bees or had a heart attack whilst driving.

Question 11

Has anyone been convicted by acting involuntarily? (Involuntary nature of AR)

Answer 11

In some rare cases, defendants have been convicted, despite not acting voluntarily.

Question 12

What happened in R v Larsonneur?

Answer 12

The D was deported against her will from Ireland to England by Irish Authorities. Her conviction of being an “illegal alien” was upheld, despite the fact she had involuntarily arrived.

Question 13

Can an omission make a person guilty of an offence normally?

Answer 13

The normal rule is that it can’t. Judge Stephen J stated that an omission can’t make a person guilty of an offence

Question 14

What are the exceptions to this rule?

Answer 14

In some cases an omission can be the AR, but only where theres a duty to act

Question 15

Whats a statutory duty?

Answer 15

An Act of Parliament can create liability for an omission. E.g Domestic Violence, Crime and Victims Act 2004 made all household members liable for failing to protect the victim including a child or vulnerable person.

Question 16

Whats a case of a Contractual Duty?

Answer 16

R v Pittwod - a railway crossing keeper failed to shut the gate which resulted in a train crash, killing the train driver. The D was liable for the death involved, as he had a contractual duty to shut the gate, he was employed by the railway company to do so.

Question 17

Whats a case example of a duty undertaken voluntarily?

Answer 17

R v Stone and Dobinson - Stone’s older sister Fanny died from malnutrition. They let her stay in their home willingly. It was their duty to take care of her themselves or summon help from others. Both failed to take care of Fanny when she was sick so were found guilty of manslaughter.

Question 18

Whats a case example of duty through one’s official position?

Answer 18

R v Dytham - the D was a police officer who stood by whilst a bouncer kicked a man to death. It was held he was guilty of neglecting to perform his duty

Question 19

Whats a case example of duty due to a relationship?

Answer 19

R v Gibbons and Proctor - the defendants, a father and his mistress starved their 7 year old daughter to death with intention to kill. Both had a duty to feed the child and the failure to do so was enough for the AR of murder. D’s were found guilty of murder.

Question 20

Whats a case example of a duty due to the D setting a chain of events?

Answer 20

DPP v Santa Bermudez - when being searched by a police officer, the D said he wasn’t carrying any sharp objects. But the police officer was pricked by a sharp needle, causing bleeding. D was charged with battery causing ABH

Question 21

Whats the duty of doctors?

Answer 21

If a doctor decides to stop treating a patient as its in their best interests, then its not an omission and they aren’t liable for the patients death.

Question 22

What happened in Airedale NHS Trust v Bland?

Answer 22

Tong Bland was crushed in Hillsborough and was reduced to a persistent vegative state for 3 years. He was allowed to die by the courts via withdrawal of life prolonging treatment. This was held to be in his best interests.

Question 23

Whats factual causation?

Answer 23

When the defendant can only be guilty if the consequence wouldn’t have happened “but for” the defendants conduct.

Question 24

What happened in R v Pagett?

Answer 24

The D held his pregnant girlfriend hostage. D came outside, holding the girl in front of him and fired at the police. The police returned the fire and the girl was killed by police bullets. D was guilty as the girl wouldn’t have died “but for” him using her as a human shield.

Question 25

Whats legal causation?

Answer 25

The defendant can only be guilty if their conduct was more than a “minimal” cause of the consequence. The Court of Appeal words this as “more than a slight or trifling link”

Question 26

What happened in R v Kimsey?

Answer 26

D was in a high speed car chase with a friend, but she lost control of the car and the other driver was killed. Court of Appeal upheld D’s conviction for causing death by dangerous driving

Question 27

Can the D be guilty even if their conduct wasn’t the only cause of death?

Answer 27

Yes, in Kimsey, both drivers were at high speed, but only kimsey was guilty

Question 28

What’s the Thin Skull Rule?

Answer 28

If the victim has an unusual physical or mental state which makes the injury more serious, then the D is liable for it.

Question 29

What happened in R v Blaue?

Answer 29

A young woman was stabbed by the D and needed a blood transfusion to live. But she was a Jehova’s Witness, so her religion forbade it and she died. D was convicted of manslaughter.

Question 30

What’s an intervening act?

Answer 30

Something that happens after the defendants act or omission that breaks the chain of causation.

Question 31

What’s a chain of causation?

Answer 31

A direct link from the D’s conduct to the consequence. If the chain of causation is broken, then the D isn’t liable

Question 32

What are the 3 other acts that can break the chain of causation?

Answer 32

1. An act of a third party
2. The victims own act - R v Roberts , the V jumped from a moving car to escape D’s sexual advances and she suffered serious injuries. D’s conviction was upheld, it was foreseeable she would escape.
3. A natural but unpredictable event (D punched V unconscious on a beach and waves washes out V to sea)