#Exam 1(2)- Actus Reus

Question 1

What is actus Reus

Answer 1

The physical element of a crime, it can either be : 
Conduct crime
Consequence crimes 
State of affairs crimes 
Omission

Question 2

Example of conduct crimes

Answer 2

Perjury, theft, rape, possession of drugs or a firearm

Question 3

Example of a consequence crime

Answer 3

Any non fatal offences, murder and manslaughter and criminal damage

Question 4

Examples of state of affairs crimes

Answer 4

Drunk in charge of a vehicle and being an illegal alien ( being in the country when you aren’t supposed to be )

Question 5

An example of an omission crime is

Answer 5

Not giving details after a crash, not fulfilling a contractual duty, not fulfilling a duty imposed by law

Question 6

R v Marchant

Answer 6

Death by dangerous driving after motor cyclist drives into front of tractor, conviction was quashed

Question 7

R v larsonneur

Answer 7

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

Question 8

R v Mitchell

Answer 8

Defendant found guilty of manslaughter after punching man who fell into woman and died

Question 9

What did hill v Baxter let us observe

Answer 9

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.

Question 10

The exceptions for omissions as an offence are

Answer 10

Statutory duty 
Contract of employment 
Special relationship 
A duty of voluntarily looking after someone 
Public officer 
Dangerous situation created by D

Question 11

What is statutory duty

Answer 11

When you have to do something by law failing to provide breath samples - section 6 road traffic act 1988

Question 12

What is a contract of employment

Answer 12

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

Question 13

R v Gibbs and proctor relates to which omission

Answer 13

Special relationship- farther and partner deliberately starve a child to death

Question 14

What case relates to voluntary duty

Answer 14

R v stone and dobinson- elderly sister died in the care of stone and dobinson

Question 15

What case looks at a police officers failure to act in a fight

Answer 15

R v Dytham

Question 16

What case showed a dangerous situation created by the defendant

Answer 16

R v Miller when he was convicted of arson after smoking a cigarette while sleeping then leaving fire

Question 17

What causation must be shown ?

Answer 17

Factual causation
Legal causation
No break in chain of causation

Question 18

What does factual causation look at ? And what case can it be seen in ?

Answer 18

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

Question 19

What is legal causation ?

Answer 19

Legal causation is that the defendant can be guilty of the outcome even if Ds action was a minimal cause of the consequence

Question 20

What did R v Kimsey show

Answer 20

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.

Question 21

What are the three other issues when determining actus Reus

Answer 21

Multiple causes 
The thing skull rule 
Intervening acts  
Medical treatment
Victims own act
Unreasonable action

Question 22

What does Multiple causes mean

Answer 22

d can be guilty even if they weren’t the only cause of death (R v Kimsey )

Question 23

What does thin skull rule mean

Answer 23

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 )

Question 24

What does intervening acts mean

Answer 24

There must be a direct link between Ds actions and consequence.

Question 25

What can break the chain of causation.

Answer 25

The act of a third party
The victims own act
A natural but un predictable event

Question 26

Why is medical treatment unlikely to break chain of causation

Answer 26

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)

Question 27

What case showed that even if treatment did cause death that doctors still wouldn’t be liable

Answer 27

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

Question 28

Does life support systems break the chain of causation

Answer 28

No

Question 29

If the victim acts in a certain way is the defendant liable for their injuries

Answer 29

Yes, in Rv Roberts a woman jumped from a car to avoid sexual advances and the D was liable

Question 30

Can a drug dealer be charged with murder if the person taking the drug dies

Answer 30

No R v Kennedy shows us this, as the victim administrated his own drug and knew all risks it’s not the defendants fault

Question 31

Can a Vs unreasonable actions break chain of causation

Answer 31

Yes such as in R v Williams and Davis when a hitchhiker jumped from a car and died