Core Principles Flashcards
What are the 4 types of actus reus?
Conduct, result, circumstances, omissions
What is required for a conduct offence?
It only requires certain acts to have been committed by the defendant to satisfy the actus reus
What are some examples of conduct offences?
Fraud by false representation, blackmail, theft
What is required for the actus reus for result crimes?
They require more than just the defendant’s action - the action must lead to a specified consequence (such as murder)
What is required for the actus reus of surrounding circumstance crimes?
The actus reus can include the need for a particular surrounding circumstance - for theft, the property must belong to another
What is required for the actus reus of surrounding circumstance crimes?
The actus reus can include the need for a particular surrounding circumstance - for theft, the property must belong to another
What are 4 examples of result crimes?
Murder, manslaughter, criminal damage, assault occasioning actual bodily harm
What must be proven for factual causation?
The jury must be satisfied that the acts or omissions of the accused were, in fact, the cause of the relevant consequence
What is required for legal causation?
It must be established that the acts or omissions of the accused were a legal cause of that consequence
What is the test for factual causation?
The ‘but for’ test
What happened in the case R v White [1910]?
W intended to kill his mother by putting poison in her drink. It is unknown if she touches the drink, but she was found dead. Evidence showed she died from heart failure not poisoning. W convicted of attempted murder but not murder as there was no causal link between his actions and her death
What happened in the case R v Dyson [1908]?
Victim child had meningitis (before it was curable. D threw her down the stairs and she died. Any action that accelerates death is a cause
What will the law ensure before finding a defendant guilty of a result crime?
That the defendant was the operating and substantial cause of the prohibited consequence (R v Pagett)
What case is ‘the defendant’s acts must be the ‘substantial’ cause of prohibited harm’ come from?
R v Hughes
What case is ‘the consequence must be caused by the defendant’s culpable act’ come from?
R v Dalloway
What happens in the case R v Dalloway [1847]?
D was driving horse and carriage without holding the reins. Child ran in front, got stuck in the wheels and killed. In evidence, even if D was holding the reins, he could not have stopped the cart in time
What happened in the case R v Benge [1865]?
Benge ordered track to be taken up as he thought that no trains were due for several hours. Signalman did blue go the correct distance and the train driver wasn’t keeping good look out. Train crashed and several were killed. If D’s negligence mainly or substantially caused the accident, a D can still be liable even when other causes were present.
Name the 5 novus actus interveniens that can break the chain of causation?
Medical negligence, acts of a third party, acts of the victim, thin skull rule, natural events
What happens in the case R v Smith [1959]?
Smith stabbed the victim in a fight. It was not realised when he arrived to the medical station how seriously injured he was and received treatment that was positively harmful and died a few hours later. Smith was still convicted of murder as the medical negligence was not a sufficient cause to break the chain of causation.
What happened in the case R v Cheshire [1991]?
Cheshire shot the victim twice. After extensive surgery V developed respiratory problems and required the insertion of a tracheotomy. Scar tissue formed over this, V found it hard to breathe, medical staff dismissed this as anxiety. His windpipe became blocked and died. The Court of Appeal held that poor medical treatment did not break the chain of causation.
What happened in the case R v Pagett [1983]?
Pagett used his girlfriend as a shield from the police whilst he shot at them. Police returned fire and killed the girl. Court of Appeal held that there may only be a break in the chain of causation if the actions of the third party were ‘free, deliberate and informed’ which the actions of the police here were not.
What are three types of acts of the victim?
‘fright and flight’ cases, refusing medical treatment and suicide
When in fright and flight cases can a victim break the chain of causation?
When the escape would not be foreseeable by the reasonable person
What happens in the case R v Roberts [1972]?
V was a passenger in Roberts’ car and terrified of his unwanted sexual advances. She jumped out of the moving car, suffering injuries in the process. Roberts was convicted of assault occasioning actual bodily harm
