Actus Reus

Question 1

Conduct Crimes

Answer 1

Ones in which the actual behaviour is the wrongful act. For example, having too much alcohol in your blood when driving.

Question 2

Consequence Crimes

Answer 2

Ones which must lead to a consequence - you cannot be found guilty of murder if nobody is dead at the end of it!

Question 3

Marchant and Muntz

Answer 3

THERE HAS TO BE A GUILTY ACT WHICH LEADS TO THE CONSEQUENCE. A farmer (D1) told an employee (D2) to drive a farm vehicle on the road. A motorcyclist collided with the vehicle which had spikes on it, and died. However, Ds were not driving dangerously, but were stopped at a give way sign.

Question 4

State of Affairs Crime

Answer 4

Crimes where it is a way of being that is illegal.

Question 5

R V Larsonneur

Answer 5

D was illegally in the UK after being ordered to leave. She tried to leave to go to Ireland, but was deported by Ireland back to the UK. She did not want to be in the UK, but she was convicted of being in the UK illegally.

Question 6

R V Mitchell

Answer 6

D pushed a woman in a post office queue. This person then fell into another person, who fell over and hurt herself. The final victim was 89, and died from her injuries. D was convicted of unlawful act manslaughter, as his action of battery led to the death of the victim.

Question 7

Omissions

Answer 7

Failure to act can also establish an actus reus, if there is a duty to act then an omission is sufficient.

Question 8

R V Gibbins and Proctor

Answer 8

D failed to feed his daughter. As she starved to death, his omission led to her death. This was enough to establish the actus reus of murder.

Question 9

Robinson V Chief Constable of Yorkshire Police

Answer 9

In this case, an elderly lady suffered injuries after two police officers fell onto her whilst apprehending a criminal. It was held that the police owed her a duty of care.

Question 10

R V Marjoram

Answer 10

V jumped from a window to escape people who were breaking into his hotel room. D was convicted of inflicting GBH.

Question 11

Victims own act

Answer 11

If it is reasonably foreseeable that V would act in the way V does, then D can be held liable as seen in R V Marjoram.

Question 12

What victim act breaks chain of causation

Answer 12

In cases of drug overdoses the victim’s own act is often seen as breaking the chain of causation, as seen in R V Kennedy.

Question 13

R V Kennedy

Answer 13

V died from an overdose. This was supplied by D, however V chose to inject the drug themselves. D was not held to be liable for the death.

Question 14

The Factual Cause

Answer 14

The “But for” Test was established in R V Pagett, and means that the jury should ask if the consequence would happen if D had not acted.

Question 15

R V Pagett

Answer 15

D took his girlfriend from her home and held her hostage, using her as a shield in a shoot-out with police. She died, but would have been alive were it not for the action of D.

Question 16

The Legal Cause

Answer 16

D’s actions must be more than minimal cause, even if there were other contributing factors - in R V Kimsey this was held to be “more than a slight link”. The minimum threshold was set in R V Hughes as “more than minimal, but does not need to be substantial.”

Question 17

R V Blaue

Answer 17

V was stabbed by D. She was a Jehovah’s Witness so could not have a transfusion, and died. She died and D was found liable for murder.

Question 18

R V Kimsey

Answer 18

D and a friend (V) were involved in a high-speed car chase that killed V. D was held liable for death by dangerous driving as D’s driving had more than a trifling link to the death.

Question 19

Thin Skull Rule

Answer 19

Means D must take the victim as they are found. This means if they have a vulnerability, D is liable for a more serious injury.

Question 20

Intervening Acts

Answer 20

These are things which break the chain of causation, for example if there is a crash on the way to take a victim to hospital which kills the victim. It must be a major act, and can be by the victim, a third party or a natural event.

Question 21

Does medical treatment break the chain of causation

Answer 21

Unless it is “in itself so potent in causing (death)”. An example might be if D has slightly cut V’s hand, and V requires stitches. If the doctor giving the stitches is negligent and gives a drug which he knows V to be allergic to, this would be sufficiently potent.