Actus Reus (Paper 1) Flashcards
What is meant by actus reus
‘Guilty act,’ all the physical elements of a crime
The actus reus must be voluntary, what does this mean
The defendant must have control over their actions to be guilty of an offence
What is an omission
A failure to act, the opposite of a ‘positive act’
There is no Good Samaritan law in the UK. True or false
True
When does the law give you a duty to act
Contractual duty, special relationship, voluntary assumption of a duty, creating a dangerous situation, and a statutory duty
Name the case for contractual duty
Pitwood (D failed to close a level crossing gate)
Which case is used for duty because of a special relationship and a voluntary assumption of a duty
Gibbons & Proctor (a girl’s father failed to prevent her being starved, and his partner failed to feed the child)
Which case is used for creating a dangerous situation
Miller (homeless man set fire to his matress)
The two types of causation are
Factual and legal causation
Explain what is meant factual causation
Uses the ‘but for’ test - ‘but for the D’s actions, would the result have happened anyway?’
What is the key case for factual causation
White (D tried to poison his mother but she died of a heart attack before she could drink the poison)
Explain the term legal causation
Focuses on how much of a contribution D has made, must have made a significant contribution
What is the ruling from Kimsey
D must have made ‘more than a slight or trifling link, but they do not have to be the main cause’
What is the case and ruling for the victim’s own actions
Roberts (as long as the victim’s actions were ‘reasonable and foreseeable,’ the chain of causation will not break(
What is the ruling from the Cheshire case
If the original injuries inflicted by D are still an ‘operating and substantial’ cause, the chain will not be broken
