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A-LEVEL LAW > ACTUS REUS > Flashcards

ACTUS REUS Flashcards

1
Q

what is meant by the exception to the rule of omission? (1)

A

in some cases it is possible for failure to act (an omission) to be the actus reus.

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2
Q

what case shows the controversy on the good Samaritans law? (1)

A

Miller (1983)

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3
Q

how can a duty exist? (6)

A

-a statutory duty
-a contractual duty
-a duty through ones official position
-a duty through relationship
-voluntarily taking a duty
-duty through chain of causation

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4
Q

what is a statutory duty? (1)

A

a duty which has been implemented through statutes made by parliament, in which an individual can be liable for omission.

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5
Q

what are some issues with the good Samaritans law? (2)

A

can a person be liable for making a situation worse if they try and help?
should a person put themselves in danger to try and help someone else?

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6
Q

why must committing a crime be of voluntary nature for an actus reus to apply? (1)

A

if an act is not said to be done voluntarily then the individual can not said to be liable, therefore the actus reus cannot apply.

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7
Q

what is an example of the application of the good Samaritans law? (1)

A

the death of princess Diana in 1997, the French reports who videoed the accident and did not help the princess were threatened with charged from the French authorities.

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8
Q

what is the ‘good Samaritan’ law? (1)

A

makes an individual liable in the event of an emergency situation.

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9
Q

what is an omission? (1)

A

failure to act and cannot make a person guilty of an offence.

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10
Q

what is a case that shows involuntariness to a crime? (1)

A

Larsonneur (1933)

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11
Q

what is a state of affairs crime? (1)

A

an offence in which the offender is caught in the situation such as carrying an offensive weapon in a public place (s1 of the crime prevention act 1953)

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12
Q

what is meant by a consequence? (1)

A

An actus reus is committed where, as well as the defendant doing (or not doing something) there is also a particular prohibited consequence that is caused by the defendant’s conduct.

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13
Q

what point did the Hill v Baxter (1958) case make? (2)

A

gave scenarios in which a driver could not be said to be driving volunatrily such as being stung by a swarm of bees, having a stone come through the windshield or having a heart attack (R v Mitchell (1953)

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14
Q

what case gave examples of involuntary nature to a crime? (1)

A

Hill v Baxter (1958)

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15
Q

what is criminal law concerned with, in terms of voluntary nature of a crime? (1)

A

the law is concerned with the fault of the offender, where the offender is not to blame they are usually not liable.

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16
Q

what is an example of a state of affairs crime? (2)

A

-possession of a controlled drug (s5 of the misuse of drugs act 1971)

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17
Q

what is an example of a consequence, in terms of actus reus? (2)

A

seen in the assault occasioning actual bodily harm act, s47 of the offences against persons act 1861

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18
Q

what did the house of lords emphasise in medical treatment? (1)

A

that assisted suicide (euthanasia) by positive act would remain unlawful.

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19
Q

what are statutory duties? (1)

A

statues that impose duties in a variety of situations and make it an offence to fail to do something.

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20
Q

what is meant by strict liability? (1)

A

in which mens rea is not needed for at least one aspect of the actus reus.

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21
Q

what is the justification of cases for strict liability? (2)

A

-public protection and safety
-difficulty in proving certain offences

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22
Q

what is an example of a strict liability case? (1)

A

the offence of causing or allowing the death of a child or vulnerable adult under the domestic violence, victims and crime act 2004 because of the difficulty in proving who in the household caused it.

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23
Q

what are the current issues on the law of omissions? (5)

A

-omissions in medical treatment
-the situations for omissions
-should a person be liable for failure to act
-the justification for statutory imposition of liability
-when a duty should be imposed.

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24
Q

when was the duty of doctors determined, in terms of omission? (1)

A

Airedale NHS trust v Bland (1993)

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25
Q

what does the existance of a duty allow? (1)

A

allows more coverage over certain situations as stated in Khan and Khan (1998)

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26
Q

how is the existence of a duty decided? (1)

A

is decided by the trial judge, will look at the case facts and decide whether a legal duty has not been furfilled.

27
Q

what is meant by assuming a duty? (2)

A

if an adult takes voluntary duty by accepting another adult into their home e.g R v Stone and Dobinson (1977)

28
Q

what is an example of a chain of event duty? (2)

A

R v Miller (1983)
DPP v Santana Bemudez (2003)

29
Q

what are some cases that show voluntary duty and failure to fulfil? (3)

A

R v Gibbins and Proctor (1918)
R v Stone and Dobinson (1977)
R v Evans (2009)

30
Q

what is meant by a chain of events duty? (1)

A

the concept of owing a duty and being liable through omission.

31
Q

what is meant by the duty of doctors? (1)

A

there can be cases where doctors decide to stop treating a patient because they believe it is what is best for the patient. they cannot be liable and therefore there is no actus reus.

32
Q

what is an example of a failure to do a duty through an official position? (1)

A

R v Dytham (1979)

33
Q

(vehicle)
what is an example of failure to a statutory duty? (2)

A

failure to report a traffic accident (s170 of the traffic accident act 1988) and failure to produce a breath specimen (s6 of the traffic accident act 1988)

34
Q

what is an example of where a contractual duty was not met? (2)

A

R v Pittwood (1902) a railway keeper omitted to shutting the gates causing an individual to get struck and killed by a train. he was convicted of manslaughter.

35
Q

(negligence)
what is an example of failure to a statutory duty? (1)

A

allowing the death of a child or vulnerable adult under s5 of the domestic violence, victims and crime act 2004

36
Q

what is an example that shows failure to do a duty due to a relationship? (1)

A

R v Gibbons and proctor (1918)

37
Q

what is meant by a duty to a relationship? (1)

A

usually a parent and child relationship.

38
Q

what is a contractual duty? (1)

A

failure to do a duty that is within a contract.

39
Q

what is meant by factual cause? (1)

A

the defendant can only be found guilty if the consequence would not have occurred ‘but for’ the defendants conduct.

40
Q

what law was applied in the Malcherek (1981) case? (1)

A

switching off a life support machine does not break the chain of causation.

41
Q

what is meant by legal cause? (2)

A

the rule is that the defendant can be found guilty if his or her conduct was more than a minimal cause of the consequence (does not have to be a substantial cause).

42
Q

what is a case example for legal causation? (2)

A

R v Kimsley (1996)
the court held that instead of using de minimas the jury shoul infer more than a trifling ink’

43
Q

how must the prosecution prove a consequence? (2)

A

the prosecution must prove that the consequence was both legal and factual

44
Q

what is a case for factual causation? (2)

A

Pagett (1983)
white (1910)

45
Q

what did the R v Hughes (2013) case point out? (2)

A

the court held that legal causation was not enough of its own liability. it distinguished between ‘cause’ and ‘but for’ sense without which the consequence would not have occurred.

46
Q

what is the thin-skull rule? (2)

A

the defendant must take the victim as he or she finds them which means that if the victim has a physical or mental state which causes a severe injury then the defendant are liable for the more serious injury.

47
Q

what is meant by multiple causation? (1)

A

when more than one persons act cause the prohibited consequence.

48
Q

what is an example of multiple causation? (1)

A

R v Kimsley (1996)

49
Q

how is the chain of causation broken? (1)

A

the chain of causation is only broken when another external factor ‘is so potent in causing death’ that the defendants actions are insignificant.

50
Q

what is an example of when the thin skull rule was applied? (1)

A

R v Blaue (1975)

51
Q

what is an example where the chain of causation is broken? (1)

A

Pagett (1983)

52
Q

what factors effect the chain of causation? (3)

A

-acts of a third party
-victims own acts
-natural but unpredictable events

53
Q

what is meant by intervening acts? (1)

A

more commonly known as the chain of causation.

54
Q

what law was applied to the smith (1959) case? (2)

A

the defendant is still liable, as long as the injuries are still potent.

55
Q

what are some cases in which medical treatment had impacted the chain of causation? (4)

A

Jordan (1956)
Smith (1959)
Malcherek (1981)
Cheshire (1991)

56
Q

how can medical treatment effect the chain of causation? (1)

A

medical treatment does not usually break the chain of causation unless ‘it is so potent in causing death’ that the defendants acts are insignificant.

57
Q

what law is applied in the cheshire (1991) case? (1)

A

medical treatment will only break the chain or causation if ‘its is so potent in causing death’ that the defendants acts are insignificant.

58
Q

what are the facts of the Jordan (1956) case? (2)

A

The victim was stabbed. his wounds were virtually healed when he was given a dose of a drug he was a known allergic for.

59
Q

what are the facts of the smith (1959) case? (2)

A

a soldier shot another soldier, the soldiers medical treatment was very poor and affected his chances of recovery.

60
Q

what are the facts of the malcherek (1981) case? (2)

A

a man stabbed his wife. his wife was put on life support and after the tests showed that she was brain dead the life support was removed.

61
Q

what are the facts of the chesire (1991) case? (2)

A

the defendant shot the victim, the victim needed a tracheotomy. the victim died due to complications of the tracheotomy even though his wounds were virtually healed.

62
Q

what law was applied to the jordan (1956) case? (1)

A

the chain of causation was broken in this case.

63
Q
A

A-LEVEL LAW (34 decks)

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