#Exam 1(2)- Actus Reus Flashcards
What is actus Reus
The physical element of a crime, it can either be : Conduct crime Consequence crimes State of affairs crimes Omission
Example of conduct crimes
Perjury, theft, rape, possession of drugs or a firearm
Example of a consequence crime
Any non fatal offences, murder and manslaughter and criminal damage
Examples of state of affairs crimes
Drunk in charge of a vehicle and being an illegal alien ( being in the country when you aren’t supposed to be )
An example of an omission crime is
Not giving details after a crash, not fulfilling a contractual duty, not fulfilling a duty imposed by law
R v Marchant
Death by dangerous driving after motor cyclist drives into front of tractor, conviction was quashed
R v larsonneur
Frenh lady deported from UK to Ireland is forced out of Ireland back to UK and is found guilty as it didn’t matter that she didn’t have a choice
R v Mitchell
Defendant found guilty of manslaughter after punching man who fell into woman and died
What did hill v Baxter let us observe
Factors which may cause someone to loose control why driving
Heart attack while driving
Struck on head with a stone
Attacked by swarm of bees
When an assault occurs through muscle spasm.
The exceptions for omissions as an offence are
Statutory duty Contract of employment Special relationship A duty of voluntarily looking after someone Public officer Dangerous situation created by D
What is statutory duty
When you have to do something by law failing to provide breath samples - section 6 road traffic act 1988
What is a contract of employment
When you are contractually obliged to do something
R v Pitwood- gate keeper charged with manslaughter when he falls asleep in control of a level crossing
R v Gibbs and proctor relates to which omission
Special relationship- farther and partner deliberately starve a child to death
What case relates to voluntary duty
R v stone and dobinson- elderly sister died in the care of stone and dobinson
What case looks at a police officers failure to act in a fight
R v Dytham
What case showed a dangerous situation created by the defendant
R v Miller when he was convicted of arson after smoking a cigarette while sleeping then leaving fire
What causation must be shown ?
Factual causation
Legal causation
No break in chain of causation
What does factual causation look at ? And what case can it be seen in ?
The but for test, if it wasn’t for Ds actions the outcome wouldn’t have happened
R v pagett- if it wasn’t for D holding girlfriend hostage she wouldn’t have been shot and killed by police
What is legal causation ?
Legal causation is that the defendant can be guilty of the outcome even if Ds action was a minimal cause of the consequence
What did R v Kimsey show
D was in a high speed car chase with her friend. She lost control of the car and the other driver was killed. The court ruled that as long as there is more then a slight link then she is guilty, COA unpheld death by dangerous driving conviction.
What are the three other issues when determining actus Reus
Multiple causes The thing skull rule Intervening acts Medical treatment Victims own act Unreasonable action
What does Multiple causes mean
d can be guilty even if they weren’t the only cause of death (R v Kimsey )
What does thin skull rule mean
If a physical or mental condition makes the injury worse then you are still to be blame ( R V Blaue- jahovahs witness refuses blood transfusion )
What does intervening acts mean
There must be a direct link between Ds actions and consequence.
What can break the chain of causation.
The act of a third party
The victims own act
A natural but un predictable event
Why is medical treatment unlikely to break chain of causation
It will only break chain of causation if independent from defendants acts ( r v Jordan, man given antibiotics weeks after recovery which he was allergic to then dies)
What case showed that even if treatment did cause death that doctors still wouldn’t be liable
R v Cheshire- as the tracheotomy was used by a standard medical practitioner at the time, it was also done to try and save a life
Does life support systems break the chain of causation
No
If the victim acts in a certain way is the defendant liable for their injuries
Yes, in Rv Roberts a woman jumped from a car to avoid sexual advances and the D was liable
Can a drug dealer be charged with murder if the person taking the drug dies
No R v Kennedy shows us this, as the victim administrated his own drug and knew all risks it’s not the defendants fault
Can a Vs unreasonable actions break chain of causation
Yes such as in R v Williams and Davis when a hitchhiker jumped from a car and died
