Actus Reus

Question 1

What does actus reus translate to

Answer 1

Guilty act

Question 2

For causation what needs to be proved

Answer 2

Factual cause
Legal cause

Question 3

Explain factual cause with case

Answer 3

But for test- but for ds actions would crim consequence have occured, yes= not factual cause (white), no= factual cause (paggett)

Question 4

Explain legal cause with a case

Answer 4

Act must be operating and substantial cause (kimsey), must have slight/trifling link
Must be unbroken chain of causation

Question 5

Explain the voluntary principle of actus reus and state a case

Answer 5

Act must be committed voluntarily (hill v Baxter- judge said when d would be driving involuntarily, when attacked by swarm of been, when struck on the head)

Question 6

What’s the exception to the voluntary principle

Answer 6

State of affairs offences- when the act is involuntary, d is in particular place at particular time
Winzar v chief constable

Question 7

Explain the requirement of the act being a positive action and what are the 2 exceptions

Answer 7

Generally cant be committed by omission
Exceptions: parliament have created offence that can only be committed by failure to act (failing to report RTA), law recognise duty to acts but they fail to act

Question 8

Name the 5 duty to acts with cases

Answer 8

• contract of employment (r v Pittwood)
• relationship (Gibbins and proctor)
• voluntary assumed responsibility (stone and dobinson)
• public office (r v Dytham)
• create dangerous situation (miller)

Question 9

Name the 7 Novus actus interveniens

Answer 9

• 3rd party intervention (paggett)
• medical intervention (Jordan)(Cheshire)(smith)
• Acton’s of v (Robert’s)
• neglect of v (Holland)
• condition of v- thin skull rule (blaue)
• outside categories- harm from NAI so significant/unforeseeable it becomes operating cause
• medical professional turns off life support- Airendale v NHS trust