Causation Actus Reus Flashcards
What is Actus Reus?
The doing part of the crime - the guilty act
What are the 3 physical parts of a crime?
Conduct, consequences and circumstances
If one of the actus reus elements cannot be proven against the D what happens?
They cannot be guilty under the offence
Give an example of when you would not be liable of murder if you killed someone…
During wartime, as it would not be under the Queen’s peace therefore you would not be liable
What are the 2 types of causation?
Factual causation - based on the facts
Legal causation - moral responsibility
Explain the case of Pagett 1983…
Human shield, robber running from police, pregnant girlfriend as shield, police shot, she died
What was the statement given during the Pagett case?
‘the accused act need not be the sole cause, or even the main cause of the death, it must be enough that his act contributed significantly to that result’
What is the but for test used in Pagett?
But for the actions of the defendant would the victim still be dead
When was a defendant found not guilty using the but for test?
White 1910 - poisoned mothers milk, later found it wasnt enough to kill her, she had heart attack that night and died (factual cause of death was heart attack)
What do you have to question during legal causation?
Whether the D can be fairly said to be at fault
What happened in Dalloway 1847?
D was driving a cart not holding reins child ran out and was killed. D charged with manslaughter but acquitted as even if he was holding the reins it still wouldn’t have prevented the child’s death
What case supports the decision made in Dalloway?
Marchant and Muntz 2004 - tractor driver and farmer driving round sharp bend, motorcyclist comes at 80mph, impaled by tractors spikes - not morally responsible even though legally so they were not charged
What is the word often used to show the D caused the …?
Substantial
What did the case of Kimsey 1996 state?
The actions of the D must be ‘more than a minimal contribution’ - 2 girls car chase, crashed into another car, they did not intend to kill but actions were more than a minimal contribution
What is the acceleration principle?
D’s act will be considered a cause if it has accelerated V’s death
What case illustrates the acceleration principle?
Adams 1957 - Doctor gave a lethal dose of painkillers to terminally ill patient and changed with murder
What does the HRA 1998 state about the acceleration principle?
It is not okay to accelerate someones death anymore - why we charge for assisted suicide
What are contributory causes?
The D’s act may not be the main or sole cause of death, other causes may be sufficient enough