Criminal Law: Actus Reus Principles

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Questions and Answers

What legal issue arises when a terminally ill family member requests not to receive help with their condition?

  • Potential criminal liability for manslaughter (correct)
  • Loss of inheritance rights
  • Breach of contract
  • Potential civil liability for negligence

In the case of R v Smith, what was the crucial factor the jury had to consider regarding the wife's decisions?

  • The availability of medical resources
  • The wife's capacity to make rational decisions (correct)
  • The opinions of family members
  • The husband's financial situation

What was the outcome for the defendant in R v Smith after the jury's deliberation?

  • Acquitted of all charges (correct)
  • Found guilty of negligent homicide
  • Mandated to take a medical ethics course
  • Convicted of manslaughter

What might allow a defendant to be released from a duty to act according to the trial judge's instructions?

<p>If the victim is capable of making their own decisions (D)</p> Signup and view all the answers

What type of relationship was acknowledged in relation to the duty to act in R v Smith?

<p>Husband and wife (B)</p> Signup and view all the answers

Which of the following cases is mentioned as relevant in determining when a defendant might be released from a duty to act?

<p>Airedale NHS Trust v Bland (C)</p> Signup and view all the answers

What possible consequence could arise if a caretaker overrides a terminally ill person's wishes?

<p>Criminal charges for intervention (A)</p> Signup and view all the answers

What does the inability of the jury to reach a decision in R v Smith imply about legal duties?

<p>Lack of unanimity on the definition of duty of care (B)</p> Signup and view all the answers

What condition was Tony Bland diagnosed with after the Hillsborough disaster?

<p>Persistent vegetative state (C)</p> Signup and view all the answers

Why did Tony Bland's doctors apply for court permission regarding his treatment?

<p>They felt it was not in his best interests to continue treatment. (A)</p> Signup and view all the answers

What duty does Sandra have in relation to Muriel?

<p>To attend all scheduled appointments to care for Muriel. (D)</p> Signup and view all the answers

What was a significant outcome of the court's decision in Tony Bland's case?

<p>Doctors need court permission before withdrawing life-sustaining treatment. (C)</p> Signup and view all the answers

Under what circumstance can Dhruv be held criminally liable?

<p>If he was aware of the danger yet chose not to act. (B)</p> Signup and view all the answers

What did the court's decision state regarding patients who refuse life-saving treatment?

<p>Doctors are committing a criminal offense if they act against patient's refusal. (A)</p> Signup and view all the answers

What was the result of Sandra's failure to attend Muriel's appointments?

<p>Muriel died from dehydration. (C)</p> Signup and view all the answers

Which of the following reasons justified the court's decision to allow discontinuation of treatment for Tony Bland?

<p>He had no quality of life or prospect of improvement. (D)</p> Signup and view all the answers

What action could Dhruv have taken to avoid liability?

<p>Returned to the vehicle and applied the handbrake. (A)</p> Signup and view all the answers

What does the contractual duty of care imply for doctors?

<p>They have a responsibility to act in the patient's best interests. (B)</p> Signup and view all the answers

Which situation does NOT impose a duty to act according to the content?

<p>Providing financial support to someone in need. (B)</p> Signup and view all the answers

In what scenario can doctors discontinue treatment without court permission?

<p>In emergency situations where prior approval is impracticable. (B)</p> Signup and view all the answers

What was Dhruv's initial action that created a dangerous situation?

<p>Failing to put on the handbrake of his parked car. (B)</p> Signup and view all the answers

What is the significance of the case R v Miller in relation to omissions?

<p>It demonstrates the consequences of failing to act in a dangerous situation. (D)</p> Signup and view all the answers

What was the professional relationship criterion under which doctors hold their duty of care?

<p>Special relationship or contractual duty. (D)</p> Signup and view all the answers

Which of the following best describes the term 'contractual duty' in the context of care?

<p>A legal obligation to provide care based on a signed document. (A)</p> Signup and view all the answers

What was the reason for quashing the defendant's conviction in the appeal?

<p>The victim died from broncho-pneumonia due to poor medical treatment. (C)</p> Signup and view all the answers

In the context of causation, what is a key difference established by the Court of Appeal regarding medical treatment?

<p>Deviations from normal treatment can break the chain of causation. (A)</p> Signup and view all the answers

What was specifically mentioned about the medical treatment in the case of R v Smith?

<p>It was described as ‘thoroughly bad’. (C)</p> Signup and view all the answers

What medical complication ultimately led to the victim’s death in the case discussed?

<p>Broncho-pneumonia from liquid administration. (A)</p> Signup and view all the answers

What overarching concept did later cases emphasize regarding the case of Jordan?

<p>It was an exceptional case that should be treated differently. (B)</p> Signup and view all the answers

What was the defendant's argument regarding the medical treatment in the R v Smith case?

<p>The treatment interrupted the chain of causation. (D)</p> Signup and view all the answers

What was one of the key findings of the Court of Appeal regarding normal medical treatment?

<p>It can support a finding of causation if done appropriately. (A)</p> Signup and view all the answers

What characterized the decision-making of the Courts-Martial Appeal Court in R v Smith?

<p>It ultimately dismissed the appeal regarding causation. (D)</p> Signup and view all the answers

What was a significant consequence suffered by the victim after his coma?

<p>He lost sight in one eye (B)</p> Signup and view all the answers

Under what legal circumstance was the victim's wish for euthanasia granted?

<p>It was legal in the country (A)</p> Signup and view all the answers

What does the court consider when evaluating whether voluntary euthanasia breaks the chain of causation?

<p>Whether the decision was informed and deliberate (A)</p> Signup and view all the answers

In what scenario might a third party's intervention break the chain of causation?

<p>When the act is deliberate and informed (C)</p> Signup and view all the answers

What was the jury's conclusion regarding the defendant in the euthanasia case?

<p>The defendant was not guilty of murder (D)</p> Signup and view all the answers

How does a police officer's instinctive action affect the assessment of liability?

<p>It can support a claim of self-defense (D)</p> Signup and view all the answers

What principle summarizes the liability of a defendant when a third party intervenes?

<p>The original defendant will not be liable if the act is free, deliberate, and informed (C)</p> Signup and view all the answers

What type of injury could potentially trigger a request for euthanasia?

<p>An injury leading to severe disability (A)</p> Signup and view all the answers

What must be established to prove factual causation in result crimes?

<p>But for the defendant's conduct, the result would not have occurred as and when it did. (C)</p> Signup and view all the answers

Which of the following describes legal causation in criminal law?

<p>The conduct must be an operating and substantial cause of the outcome. (C)</p> Signup and view all the answers

Which scenario is likely to break the chain of causation?

<p>A third party's intentional action that was unexpected. (A)</p> Signup and view all the answers

What does the eggshell or thin skull rule imply in legal terms?

<p>The defendant must take their victim as they find them. (B)</p> Signup and view all the answers

Considering Timothy's case, what would the 'but for' test demonstrate?

<p>Timothy caused Elizabeth's death by knocking her unconscious. (A)</p> Signup and view all the answers

What is the appropriate charge for Timothy given the circumstances surrounding Elizabeth's death?

<p>Manslaughter, as he lacked the relevant mental state for murder. (A)</p> Signup and view all the answers

What kind of events can break the chain of causation?

<p>Third-party actions that are voluntary and not related to the defendant. (C)</p> Signup and view all the answers

Which aspect must be true for a person's conduct to be an actual result in legal terms?

<p>The conduct must be a more than minimal cause of the outcome. (B)</p> Signup and view all the answers

Flashcards

Duty of care (family member)

Legal obligation to help a family member in need, especially during a terminal illness.

Refusal of assistance

A terminally ill individual rejecting help from a caregiver despite a duty of care.

Criminal liability (refusal)

Potential legal responsibility for a death if one respects a family member's refusal of assistance.

R v Smith

Case illustrating circumstances where a husband was not held criminally liable for respecting his wife's refusal of medical help and ultimately her dying wish.

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Rational decisions (capacity)

The ability to make sound judgments based on the individual's state of health, in the context of deciding on medical assistance.

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Special relationship (husband/wife)

A unique relationship potentially impacting a duty of care and related legal responsibilities.

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Airedale NHS Trust v Bland

Case providing further insight into circumstances when a duty to act is released, particularly in medical contexts.

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First instance decision (R v Smith)

A court decision that has not been reviewed or affirmed by a higher court.

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Tony Bland case

A landmark legal case concerning the withdrawal of life-sustaining treatment from a patient in a persistent vegetative state.

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Persistent vegetative state

A condition where a person appears to be awake but shows no awareness or conscious thought.

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Withdrawal of treatment

The act of ceasing medical interventions to sustain a person's life.

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Best interests of the patient

The principle in medical ethics and law that treatment decisions should prioritize the patient's well-being, however this is the guiding principle when considering a plan.

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Court permission

A legal requirement in some circumstances, like Tony Bland, for withdrawing life-sustaining treatment, especially when the patient cannot consent.

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Medical duty of care

Doctors' obligation to provide treatment and care to their patients, either under a contract or other legal requirement.

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Hillsborough football disaster

A tragic event where many football supporters suffered serious injuries in a stadium crush.

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Quality of life

A factor considered when deciding the best interests of a patient (conscious or vegetative), often assessing the individual's enjoyment rather than survival.

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Omission Liability

Legal responsibility for a harm caused by failing to act when there's a duty to act.

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Dangerous Situation

A situation created by someone's actions which puts others at risk.

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Duty to act (specific case)

Legal obligation created when someone creates a dangerous situation, requiring action to prevent harm.

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Criminal Liability (Omission)

Legal accountability for harm caused by failing to do something you were obligated to.

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R v Miller

Legal case highlighting duty when a person creates a dangerous situation; ignoring it leads to criminal liability.

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Dhruv Case

Case illustrating criminal liability for creating a dangerous situation (car on a hill).

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Created Danger

A situation made unsafe by someone's actions requiring steps to prevent harm.

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Contractual Caregiver

Someone legally obligated to care for another person (like a patient).

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Chain of Causation

The unbroken link between an action and its consequences in a legal context.

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Intervening Event

An action by a third party that breaks the chain of causation, relieving the original actor of responsibility.

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Voluntary Euthanasia

A person's request to end their life, legally permitted in specific jurisdictions.

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Reasonable Foreseeability

The extent to which a particular outcome could be anticipated.

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Third Party Intervention

An action by someone other than the accused or the victim that affects an outcome.

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Free, Deliberate, & Informed Decision

A choice that is made willingly and with an understanding of its consequences.

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Criminal Liability (Breaking Chain)

The potential legal responsibility for a death when another action breaks the chain of causation.

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Breaking the Chain of Causation

When an intervening act, considered free or not foreseeable, separates the original action from the final outcome.

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Jordan case

A legal case where a defendant's conviction was overturned due to excessively poor medical treatment that was the direct cause of the victim's death, demonstrating a crucial distinction in determining criminal responsibility for injuries.

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R v Smith

A case where a defendant's conviction for murder against a victim who died from poor medical care following a stabbing was upheld. This case clarified the concept of causation in criminal trials.

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Chain of causation

The concept in law that for a defendant to be held liable for a death, their actions must have directly contributed to it - intervening events which break this connection are considered.

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Intervening event

An event that occurs between the defendant's act and the victim's death, potentially severing the relationship between the two, and thereby affecting the chain of causation.

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Medical treatment (normal/not normal)

The legal distinction between medical treatment considered normal in dealing with injury or illness versus exceptional/poor treatment; crucial to determining criminal liability for death.

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Exceptional Case

A case or situation that is notably unusual or outside the norm, used to describe cases like Jordan as falling outside the standard cases.

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Causation in Criminal Law

A complex issue in law that involves determining whether an action has a direct causal link to a criminal outcome, typically establishing the direct link from the initial injury to death.

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Conviction quashed

A legal decision where a previous court decision or verdict is overturned.

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Factual Causation

The requirement that the defendant's actions were the 'but for' reason for the result; if the harm wouldn't have happened without the defendant's actions, it is proven.

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Legal Causation

The defendant's actions must be more than minimal in causing the result. It must be an operating and substantial cause.

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Intervening Event

An event that breaks the chain of causation between the defendant's act and the result.

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Thin Skull Rule

The defendant must take their victim as they find them; pre-existing conditions don't remove liability if the action caused the harm.

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But-For Test

A test used to determine factual causation; did the result happen because of the defendant's actions?

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Result Crime

A crime that requires a harmful result to be established as part of the actus reus (guilty act).

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Chain of Causation

The continuous sequence of events that link the defendant's actions to the harmful consequences.

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Unforeseeable Escape

An intervening event that is so unexpected that it breaks the chain of causation.

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Study Notes

General Principles: Actus Reus

  • Actus Reus is one of the three key components for criminal conviction
  • Actus non facit reum nisi mens sit rea: an act does not make a man guilty of a crime, unless his mind is also guilty.
  • Guilty conduct by the defendant (actus reus)
  • Guilty state of mind (mens rea)
  • Absence of valid defence

Learning Outcomes

  • Analyse the definition of a crime and understand the concept of actus reus, including the rules of legal and factual causation.
  • Explain the law relating to acts, omissions and states of affairs.

Introduction

  • Proving the elements of criminal offences.
  • Actus reus, mens rea, absence of valid defence are usually required for conviction.
  • Actus reus: guilty conduct of the defendant
  • Mens rea: guilty state of mind of the defendant.

General Principles of Actus Reus

  • Actus reus of every offence is different and may be found in statute or case law.
  • Actus reus generally involves anything in the crime's definition except state of mind, or possible defence.

Types of Crimes

  • Criminal liability usually requires a positive act by the defendant.
  • Actus reus can be established by proving action, failure to act, or a state of affairs.
  • A crime can require an act, circumstance, or a consequence.

Conduct Crimes

  • For most offences, the actus reus requires conduct.
  • An example would be perjury, where the defendant makes a false statement under oath.
  • The defendant's action is criminalised, not the outcome that results from the action.

Result Crimes

  • Result crimes require a consequence to follow from the defendant's behavior.
  • Examples include criminal damage (property must be damaged) and murder (victim must die).
  • Causation issues are relevant.

States of Affairs Crimes

  • Actus reus is satisfied simply by the existence of a state of affairs or circumstance.
  • No conduct is required; an example would be being found in the UK illegally.
  • Liability imposed based on circumstances, not personal choice.

Liability for Omissions

  • Usually requires positive acts, but sometimes offences can be committed by failing to act.
  • Examples include road traffic offences (failing to stop at a red light or after an accident).
  • There's no general legal duty to help someone in trouble, making this uncommon.

Exceptions to the General Rule: Special Relationships

  • Parent has a duty to care for their child.
  • Close cohabitation relationship may establish a duty to act.

Voluntary Assumption of Care

  • A person who voluntarily undertakes care of another has a duty to act.
  • Includes situations where someone is unable to care for themselves (infancy, illness).

Contractual Duty to Act

  • Contract specifying obligations to act can create a duty.
  • Examples include medical staff, emergency services, and lifeguards.
  • A breach can result in criminal liability.

Creation of a Dangerous Situation

  • If a person creates a dangerous situation and is aware of it, they potentially have a duty to act.
  • Example: parking a car on a hill without handbrake.

Causation

  • Causation is critical in result crimes; the prosecution must prove that the accused's action caused the prohibited consequence.
  • 2 elements to establish causation:
  • Factual causation (but for test)
  • Legal causation (substantial and operating cause)

Factual Causation

  • But for the defendant's actions, the result would not have happened.
  • The defendant's conduct must be a substantial and operating cause of the consequence.
  • It is a more complex but critical component of establishing criminal liability.

Intervening Events

  • Intervening acts can break the chain of causation if they are not reasonably foreseeable.
  • Medical treatment, victim's actions, or third-party intervention are possibilities.

Voluntary Acts

  • Criminal liability depends on voluntary conduct.
  • Acts caused by reflexes or involuntary actions typically do not incur criminal liability.

Voluntary Acts

  • Criminal liability depends on voluntary conduct.
  • Acts are typically judged based on voluntariness rather than a reflexive response.

Summary

  • Actus Reus is one of three elements in criminal convictions.
  • Actus Reus considers conduct, circumstance, or consequence(s).
  • Specific exceptions to the general rule apply, such as special relationship, etc.

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