Actus Reus - Paper 1

Question 1

What is meant by the term Actus Reus?

Answer 1

‘Guilty act,’ all the physical elements of a crime

Question 2

What does it mean by the actus reus must be voluntary?

Answer 2

D must havecontrol over their actions to be guilty of an offence

Question 3

What is an omission?

Answer 3

A failure to act, the opposite of a ‘positive act’

Question 4

There is no Good Samaritan Law in the UK. True or False?

Answer 4

True

Question 5

Under what circumstances does the law give you a duty to act?

Answer 5

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

Question 6

What is the case for contractual duty?

Answer 6

Pittwood (D failed to close a level crossing gate)

Question 7

Which case is used for a duty arising from official position?

Answer 7

Dytham (PC failed to help a man being attacked)

Question 8

Which case is used for voluntary assumption of a duty?

Answer 8

Stone and Dobinson (D failed to obtain medical help for Stone’s elderly sister)

Question 9

Which case is used for duty arising from a special relationship?

Answer 9

Gibbins & Proctor (girl’s father failed to prevent her being starved)

Question 10

Which case is used for duty to limit harm caused by the creation of a dangerous situation?

Answer 10

Miller (homeless man set fire to his mattress)

Question 11

Name two Acts of Parliament under which a person has a legal duty to act

Answer 11

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

Question 12

What are the two types of Causation?

Answer 12

Factual and Legal

Question 13

What is meant by Factual Causation?

Answer 13

Uses the ‘but for’ test - ‘but for D’s actions, would the result have happened anyway?’

Question 14

What is the key case for Factual Causation?

Answer 14

White

Question 15

Explain the term Legal Causation

Answer 15

Focuses on how much of a contribution D has made to the outcome, must have made a significant contribution

Question 16

What is the ruling from Kimsey?

Answer 16

D must have made ‘more than a slight or trifling link, but they do not have to be the main cause’

Question 17

What are the three main intervening acts?

Answer 17

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

Question 18

What is the ruling from the Cheshire case?

Answer 18

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

Question 19

What was the decision in Malcherek & Steel?

Answer 19

Doctors switching off a life support machine will not break the chain of causation

Question 20

What was the ruling from the Roberts case?

Answer 20

As long as the victim’s actions were ‘reasonable and foreseeable’ the chain of causation will not break

Question 21

Which case held the victim is under no obligation to seek medical help?

Answer 21

Holland/Dear

Question 22

Explain the intervening act of natural but unpredictable event?

Answer 22

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

Question 23

Explain the Thin Skull Rule?

Answer 23

If the victim has a vulnerability which makes their injuries worse, D will be liable for the extra injuries

Question 24

What was the decision in the Blaue case?

Answer 24

You must take your victim as you find them