Criminal Law - The Actus Reus

Question 1

Elements of Liability

Answer 1

Conduct

• All offences have a conduct element (act or omission that makes them liable)
• To be liable for an omission there must have been a duty to act and the defendant must have breached that duty
• Duty to act can be imposed by statute, a special relationship, voluntary assumption of duty of care, contract and if defendant created a dangerous situation and is aware of it
• Possession of a thing (e.g. weapon) can be sufficient conduct as well as placing oneself in a situation

Circumstances

• The facts that must exist for a defendant to be liable
• E.g. for criminal damage the person must have damaged property belonging to another (cannot cause criminal damage to their own property unless co-owned)

Outcome

• Applies to result crimes only (e.g. for murder death must be the outcome)

Causation

Question 2

Causation

Answer 2

Two different tests

• Factual causation
• Legal causation

Cumulative and both must be satisfied

Question 3

Factual Causation

Answer 3

• Often referred to as the ‘but for’ test (e.g. would victim have died but for conduct of defendant)
• If there is more than one cause or even if defendant’s action slightly accelerated the result there is sufficient causation

Question 4

Legal Causation

Answer 4

Two parts to the test, conduct must have been both the substantial and operative cause

Substantial: action must be substantial (more than minimal, slight or ‘trifling’)

Operative: no break in chain of causation from defendant’s conduct to the outcome

Question 5

Break in chain of causation

Answer 5

Act of victim

• Will rarely break the chain of causation
• Will if their act is so daft as to be unforeseeable

Act of third parties

• Can break chain of causation if their act is free, deliberation and informed
• Medical treatment: only where treatment is so bad and so independent of original injury will it break chain of causation (only the most serious instances of malpractice)

Question 6

No break in chain of causation

Answer 6

• Pre-existing medical condition
• Victim’s religious beliefs

Will not break the chain of causation

‘Thin skull’ rule - must take your victim as you find them