Actus Reus Flashcards
(10 cards)
what is the AR?
the guilty act. The physical element of the crime.
where is the AR found and what are the different types (and crimes)?
Found in statute or common law. AR may be by:
o Prohibited act/omission (conduct crime)
o Consequence of D’s act (result crime). Causation required.
o Circumstances at the time (state of affairs crime)
what is the position regarding omissions?
Generally, no criminal liability for omissions. Exceptions:
o Statute defines AR as an omission
o D fails to comply with a duty. Common law duties inc.: contractual, special relationship or creating a dangerous situation
what is needed to prove causation?
factual and legal causation
explain factual causation
would the consequence have occurred but for D’s actions? If it would have happened anyway, D is not liable.
what are the main elements to establish legal causation?
o D’s actions must be the substantial & operating cause of the result
o Unbroken chain of causation
o Take the victim as you find them (thin skull rule)
explain how the victim’s act might break the chain of causation and give examples
V’s act will break the chain of causation if it is unreasonable and disproportionate
* Medical attention = failure to receive treatment unlikely to break chain
* Mental condition affecting decision = unlikely to break chain (thin skull rule)
* Suicide/escape = reasonable, proportionate, agony of moment?
explain how the act of a third party might break the chain of causation
when will medical negligence break the chain of causation
D not liable if act was free & deliberate or not reasonably foreseeable
Medical negligence = independent of D’s act + palpably wrong + so potent to cause death
explain how an event might break the chain of causation
natural/unnatural act must be unforeseeable
what might break the chain of causation?
- victim’s act
- 3rd party act
- event
