Actus Reus Flashcards
(99 cards)
1
Q
What is the fundamental Latin phrase related to criminal liability?
A
actus non facit reum nisi mens sit rea
2
Q
What are the three key components required for a conviction?
A
- guilty conduct by the defendant (actus reus)
- guilty state of mind of the defendant (mens rea)
- absence of any valid defence
3
Q
What is actus reus?
A
The guilty conduct by the defendant
4
Q
What is mens rea?
A
The guilty state of mind of the defendant
5
Q
What is required to prove the offence of murder?
A
- that the accused killed a person (actus reus)
- that they had the necessary mens rea (intention to kill or cause really serious harm)
- that there was no valid defence
6
Q
What does the actus reus of criminal damage include?
A
- the destruction or damage of property
- which belongs to someone other than the defendant
7
Q
What constitutes the actus reus of murder?
A
The unlawful killing of a human being
8
Q
True or False: The actus reus can sometimes be established by a failure to act.
A
True
9
Q
What are the components of the actus reus of an offence?
A
- an act (or sometimes a failure to act) by the defendant
- the existence of certain circumstances at the time of the defendant’s conduct
- certain consequences flowing from the defendant’s conduct
10
Q
What is a conduct crime?
A
An offence that involves an act by the defendant
11
Q
What is a result crime?
A
An offence that requires certain consequences to follow from the defendant’s behaviour
12
Q
What is an example of a pure conduct crime?
A
Perjury under s 1 of the Perjury Act 1911
13
Q
What is a state of affairs crime?
A
An offence defined so that the actus reus is satisfied by the existence of a state of affairs or circumstances
14
Q
Provide an example of a state of affairs crime.
A
R v Larsonneur (1933) 97 JP 206
15
Q
What is the general rule regarding liability for omissions in England and Wales?
A
There is no general duty recognized by the criminal law to intervene and help someone in trouble
16
Q
What are the four types of situations where a person can commit the actus reus by failing to act?
A
- Special relationships
- Voluntary assumption of care
- Contractual duty
- Statutory duty
17
Q
In what case was a father convicted for failing to act towards his child?
A
R v Gibbins and Proctor (1918) 13 Cr App R 134
18
Q
What is a voluntary assumption of care?
A
When a person voluntarily undertakes to care for another who cannot care for themselves
19
Q
In which case were defendants convicted for failing to care for a relative?
A
R v Stone and Dobinson [1977] QB 354
20
Q
Fill in the blank: The actus reus of an offence may require additional ________ to exist and/or consequences to follow.
A
circumstances
21
Q
True or False: The actus reus can be satisfied without any conduct in rare cases.
A
True
22
Q
What is the justification for state of affairs offences?
A
Public policy to prevent dangerous situations, such as drunken driving
23
Q
What is the actus reus in the context of the Road Traffic Act 1988 regarding being in charge of a vehicle?
A
Being in charge of a motor vehicle while unfit to drive through drink or drugs
24
Q
What was the outcome of the case involving Fanny and her relatives?
A
The relatives were held liable for manslaughter due to their failure to care for Fanny.
25
What potential implications arise from the decision in the case involving Fanny?
It raises questions about the duty to care for blood relations and others staying in one's home.
26
In the case of Dobinson, what was a key argument made by the defense?
The defense argued there was no sufficient evidence that the appellants had chosen to undertake Fanny's care.
27
True or False: The court in the Fanny case concluded that the appellants had no duty to act.
False
28
What did the court find about the relationship between Fanny and her brother?
Fanny was a blood relation, which contributed to the assumption of duty by the appellants.
29
What was the significance of the jury's findings in the Fanny case?
The jury found that the duty to care for Fanny had been assumed by the appellants.
30
In the context of special relationships, who has a clear duty to act?
A parent has a special relationship with their minor child and is under a duty to act.
31
Fill in the blank: A special relationship may be formed if one ________ to care for the victim.
[assumes a duty]
32
What was a key factor in the case of R v Smith regarding the duty to act?
The wife's capability to make rational decisions affected the duty of the husband to act.
33
What did the House of Lords confirm in Airedale NHS Trust v Bland regarding medical treatment?
Doctors should seek court permission before withdrawing life-sustaining treatment.
34
What is an example of a contractual duty to act?
A medical staff's duty to care for their patients.
35
In R v Pittwood, what was the defendant's specific duty as a railway worker?
To open and close the gate at a level crossing.
36
Fill in the blank: Dhruv's failure to put on the handbrake created a ________ situation.
[dangerous]
37
What was the ruling in R v Miller regarding creating a dangerous situation?
The defendant was held liable for failing to act to prevent further damage.
38
What is a statutory duty to act?
A legal obligation imposed by legislation requiring individuals to act in certain circumstances.
39
What are the penalties for failing to comply with a statutory duty?
Usually a fine and possible endorsements on one’s license.
40
How does liability differ between statutory duties and other duties to act?
Statutory duties lead to prosecution for the omission itself, while other duties may lead to prosecution for the consequences of the omission.
41
What are the potential penalties for running a red light?
A fine and possible endorsements on one’s licence.
42
What can result from failing to act when there is a duty imposed by contract or special relationship?
Criminal prosecution for the consequences of that omission.
43
What is the consequence of failing to act that can lead to a conviction of murder or manslaughter?
The death of a person.
44
What is the argument regarding the prosecution of breaches of contractual obligations?
They should be charged with ‘failing to comply with a contractual duty’ rather than an offence reflecting the consequences of that failure.
45
What is required for liability to accrue in terms of voluntary acts?
The defendant’s movements must be voluntary.
46
In the case of Hill v Baxter, what example did the court provide regarding involuntary acts?
A person being attacked by a swarm of bees while driving.
47
What is the defense that can be argued if a defendant claims their conduct was involuntary?
The defense of automatism.
48
What must be established to prove causation in result crimes?
The accused’s act or omission actually caused the prohibited consequence.
49
What is factual causation?
The principle that the defendant cannot be considered to be the cause of an event if it would have occurred without their act or omission.
50
What is the 'but for' test in factual causation?
Would the victim’s death have occurred in the way that it did but for the defendant’s conduct?
51
In R v White, why was the defendant not liable for his mother's death?
Her death occurred from heart failure unconnected to the poisoned drink.
52
What is required to establish legal causation?
The defendant’s conduct must be a substantial and operating cause of the consequence.
53
What must be proven about the culpable act in legal causation?
It must be a more than minimal cause of the consequence.
54
In R v Dalloway, what was the jury instructed regarding the defendant's culpable act?
They could convict for manslaughter only if holding the reins would have saved the child.
55
What does it mean that the culpable act need not be the sole cause?
There may be multiple causes of the result, and the defendant's act can still contribute significantly.
56
What is the principle regarding taking the victim as the defendant finds them?
Defendants must take their victims as they are, including any unusual physical or mental states.
57
What was the outcome in R v Blaue regarding the victim's refusal of medical treatment?
The defendant was convicted of manslaughter despite the victim's refusal of treatment that could have saved her.
58
What was established in R v Watson regarding the defendants' actions and the victim's death?
The defendants were convicted of manslaughter as their actions contributed to the victim's death.
59
What incident led to the manslaughter conviction of the defendants?
The defendants threw a brick through the window of an 87-year-old man, who died of a heart attack 90 minutes later after being verbally abused.
60
What is the 'eggshell skull rule'?
A principle stating that a defendant is liable for the full extent of a victim's injury, even if it is more severe than what would normally be expected.
61
What must not be broken in legal causation?
The chain of causation must not be broken.
62
What is 'novus actus interveniens'?
A Latin term meaning 'a new and intervening act' that can break the chain of causation.
63
What are the three situations where intervening acts may be relevant?
* Victim acts in a particular way
* An act by another person intervenes
* An event occurs between the defendant's conduct and the result
64
Under what condition will the argument that the chain of causation has been broken not succeed?
If the injuries inflicted by the defendant were still an operating and substantial cause of death.
65
What is the general rule regarding the victim's acts and legal causation?
If the victim acts voluntarily after the accused's initial act, legal causation will not be established.
66
In what case is the defendant held liable despite the victim's own actions?
In 'fright and flight' cases where the victim's response is not free, deliberate, and informed.
67
What example illustrates the concept of a victim's escape affecting causation?
In R v Roberts, the victim jumped from a moving car due to unwanted sexual advances and the defendant was held liable for the injuries.
68
What factors do courts consider when determining the impact of a victim's escape?
* Reasonableness of the escape
* Proportionality of the response
* Whether the act is so 'daft' as to be voluntary
* Action taken in 'the agony of the moment'
69
How does the principle of taking the victim as you find them apply to suicide cases?
The defendant must account for the victim’s condition when determining causation, even in cases of suicide.
70
What was the significance of R v Wallace regarding voluntary euthanasia?
The court held that voluntary euthanasia does not necessarily break the chain of causation.
71
What is required for a third party's act to break the chain of causation?
The act must be voluntary and contribute to the result.
72
What principle governs the liability of a defendant when a natural event intervenes?
The chain of causation may be broken if the natural event is not reasonably foreseeable.
73
What example demonstrates that natural events can break the chain of causation?
If a defendant shoots a victim who later dies from an earthquake, the chain of causation may be broken.
74
What is the importance of causation in medical negligence cases?
Defendants may argue that negligent medical treatment broke the chain of causation leading to the victim's death.
75
In R v Jordan, why was the defendant's conviction quashed?
The court found the medical treatment received was 'palpably wrong' and broke the chain of causation.
76
What does the 'but for' test in causation assess?
It assesses whether the victim would have died but for the defendant's actions.
77
What guidance did Lord Parker CJ provide in R v Smith regarding causation?
If the original wound is still an operating and substantial cause at the time of death, the defendant caused the death.
78
What is the significance of R v Cheshire in medical negligence cases?
It established that negligent medical treatment usually does not break the chain of causation if the original injury is still operating at the time of death.
79
What is the chain of causation in law?
The relationship between a defendant's actions and the outcome that occurs as a result of those actions.
80
According to Beldam LJ, when can medical treatment be considered an independent cause of death?
Only in the most extraordinary and unusual cases.
81
In a case of negligence in treatment, what must the defendant's acts contribute to?
Significantly to the result of death.
82
True or False: A defendant can escape liability if negligence in medical treatment is the immediate cause of death.
False.
83
What principle must the court establish regarding causation in medical cases?
The test established in Cheshire will be applied.
84
What was the outcome of R v McKechnie regarding the chain of causation?
The defendant was found to have caused the victim’s death.
85
What does the 'but for' test assess in legal causation?
Whether the result would not have occurred as and when it did but for the defendant’s conduct.
86
List the elements that may break the chain of causation.
* Unforeseeable escape
* Voluntary act by a third party
* Negligent medical treatment that is independent and potent
* Events that are not reasonably foreseeable.
87
What does the eggshell or thin skull rule state?
The defendant must ‘take their victim as they find them’.
88
What are the three types of actus reus?
* Conduct crimes (act or omission)
* Result crimes (consequences caused)
* State of affairs crimes (surrounding circumstances).
89
Fill in the blank: The general rule is that there is no criminal liability for an _______.
omission to act.
90
What must be established for factual causation?
That 'but for' the defendant's conduct, the result would not have occurred.
91
What must be proven regarding legal causation?
The defendant's conduct must be a more than minimal cause of the result.
92
What would likely happen if an intervening event breaks the chain of causation?
The actus reus will not be established.
93
What is the significance of the reasonable decision made by doctors in R v McKechnie?
It confirmed that the chain of causation remained intact despite the victim's pre-existing condition.
94
In Timothy's case, what test should be applied to determine if he caused Elizabeth's death?
The 'but for' test.
95
What is the likely outcome if a fire breaks out after Timothy's actions?
Timothy could argue that the fire breaks the chain of causation.
96
What indicates whether an event is foreseeable in legal causation?
Whether a reasonable person would have foreseen the event.
97
What must the prosecution prove to establish the actus reus of murder?
Both factual and legal causation.
98
What is the relationship between actus reus and mens rea in criminal liability?
Both must be established for liability.
99
True or False: A defendant's liability can be absolved if they prove that their actions were not the main cause of death.
False.
