Actus Reus Flashcards
What are the three elements of Actus Reus?
- Conduct
- Circumstances
- Results
What does ‘Conduct’ refer to in Actus Reus?
D’s physical acts or omissions required for liability
What is meant by ‘Circumstances’ in Actus Reus?
Facts surrounding D’s conduct required for liability
What does ‘Results’ refer to in Actus Reus?
The effects of D’s conduct required for liability
What is omissions liability?
Liability arising from failure to act
What three ingredients must be satisfied for omissions-based liability?
- Recognized offence
- Duty to act
- Breach of duty
What is a recognized offence in the context of omissions liability?
An offence that can be committed by omission
What is required for a ‘Duty to act’?
A legally recognized duty requiring D to act
What is a ‘Breach of duty’?
D’s failure to act below the standard expected
Give an example of an omission leading to liability.
Gibbins v Proctor - failure to feed a child leading to death
Caselaw for duty to act based on definition of an offence?
Dytham - D, a police officer was charged with misconduct in public office when, while on duty, he failed to intervene in an accident in which V was kicked to death
Ratio: Public officials must act in reasonable manner
caselaw for duty to act based on contract
Pitwood - D, a railway crossing gatekeeper opened the gate to let a cart cross the lines and then went to lunch, forgetting to close it again. As a result, a subsequent cart collided with a train, killing the train driver.
Ratio - contractual duty to open gate
caselaw for duty to act based on familial relationship (spouses and children)
Hood (spouses) - D omitted to summon help for 3 weeks after his wife (V) fell and suffered broken bones. V died as a result
Gibbins and Proctor (children) - The defendant (D) - and his common law wife - failed to feed D’s 7-year-old child. The child subsequently died of starvation
caselaw based on duty of assumption of care
Nicholls – D, Vs grandmother, agreed to take care of v after the death of Vs mother. V was neglected by D and died. D was charged with GNM
Instan - Defendant, Instan, lived with her elderly aunt, who became seriously ill. The aunt was entirely dependent on Instan for care and nourishment.
Instan continued to take money from her aunt but failed to provide food or medical assistance. The aunt died because of neglect.
Stone v Dobinson - Stone and Dobinson were an elderly couple. Stone’s sister, Fanny, who was mentally and physically unwell, lived with them. She became bedridden and unable to care for herself.
Despite recognizing her deteriorating condition, the defendants failed to provide adequate assistance or seek medical help, leading to Fanny’s death from malnutrition.
caselaw on the creation of a dangerous situation
Miller - Defendant (D) had been out drinking for the evening.
He went back to the house he had been staying in and fell asleep on a mattress with a lighted cigarette in his hand. He awoke and saw that the cigarette had started a small fire.
Upon seeing the fire, he then got up and went to another room and went back to sleep. The fire subsequently flared up and spread.
What is ‘Factual causation’?
Did D’s conduct/omission in fact cause the result?
What is ‘Legal causation’?
- Substantial cause
- Blameworthy cause
- Operating cause
What is the ‘eggshell rule’? give relevant caselaw
D must take the victim as they find them
Blaue - D stabbed V, V required a blood transfusion to save her life but refused based on religious grounds (being a JW’s). V died and D was charged with manslaughter
What type of causation test is used in factual causation?
The ‘but for’ test
What is the outcome in White case regarding factual causation?
D was acquitted because he did not cause his mothers death
What if theres more than one cause?
Benge - As long as D’s conduct contributed as a factual cause of the result, it is not necessary to show that D was the only or main cause.
What must be proven for legal causation?
Cause must be substantial blameworthy and operative
caselaw for blameworthy
R v Dalloway, confirmed by SC in R v Hughes
What breaks the chain of causation?
Intervening acts that are unforeseen by D
