Actus Reus - Paper 1 Flashcards
What is meant by the term Actus Reus?
‘Guilty act,’ all the physical elements of a crime
What does it mean by the actus reus must be voluntary?
D must havecontrol 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
Under what circumstances does the law give you a duty to act?
1) Contractual Duty
2) Duty arising from official position
3) Voluntary assumption of a duty
4) Duty arising from a special relationship
5) Duty to limit harm where D has created a dangerous situation
6) Statutory Duty
What is the case for contractual duty?
Pittwood (D failed to close a level crossing gate)
Which case is used for a duty arising from official position?
Dytham (PC failed to help a man being attacked)
Which case is used for voluntary assumption of a duty?
Stone and Dobinson (D failed to obtain medical help for Stone’s elderly sister)
Which case is used for duty arising from a special relationship?
Gibbins & Proctor (girl’s father failed to prevent her being starved)
Which case is used for duty to limit harm caused by the creation of a dangerous situation?
Miller (homeless man set fire to his mattress)
Name two Acts of Parliament under which a person has a legal duty to act
Road Traffic Act 1988 - Failure to stop and report an accident is an offence
Children and Young Persons Act 1933 - Failure to take care of a child for whom you have a responsibility is an offence
What are the two types of Causation?
Factual and Legal
What is meant by Factual Causation?
Uses the ‘but for’ test - ‘but for D’s actions, would the result have happened anyway?’
What is the key case for Factual Causation?
White
Explain the term Legal Causation
Focuses on how much of a contribution D has made to the outcome, 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 are the three main intervening acts?
1) Acts of a Third Party (Bad Medical Treatment, Life Support Machines)
2) Victim’s Own Actions (Escape Attempts, V Refusing Medical Treatment)
3) Natural but Unpredictable Event
What is the ruling from the Cheshire case?
If the original injuries inflicted by D are still an ‘operating and substantial’ cause, the chain of causation will not be broken by bad medical treatment
What was the decision in Malcherek & Steel?
Doctors switching off a life support machine will not break the chain of causation
What was the ruling from the Roberts case?
As long as the victim’s actions were ‘reasonable and foreseeable’ the chain of causation will not break
Which case held the victim is under no obligation to seek medical help?
Holland/Dear
Explain the intervening act of natural but unpredictable event?
Where V is injured, causation will be removed if the injuries were slight but made worse by some event that could not have been predicted or prevented
Explain the Thin Skull Rule?
If the victim has a vulnerability which makes their injuries worse, D will be liable for the extra injuries
What was the decision in the Blaue case?
You must take your victim as you find them
