Criminal Law Chapter 2: Actus Reus
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Questions and Answers

What does the term 'actus reus' roughly translate to?

  • Guilt of Action
  • Guilt of Mind
  • Criminal Intent
  • Guilty Act (correct)

    • What is included in the actus reus of an offence of battery by kicking?

  • D's kick, the person, and making contact (correct)
  • The person's mental state
  • The person's consent
  • The intent to harm

    • What must be proved beyond reasonable doubt for D to be liable for an offence?

  • Only the actus reus
  • Both the actus reus and mens rea, and the absence of a defence (correct)
  • Only the mens rea
  • Neither the actus reus nor mens rea, but the presence of a defence

    • What is the purpose of separating actus reus and mens rea elements?

    <p>To distinguish between the external elements and the fault of the offence</p> Signup and view all the answers

    According to the Sexual Offences Act 2003, when can D's conduct be considered 'sexual'?

    <p>If it is because of its nature, or if the circumstances or purpose make it sexual</p> Signup and view all the answers

    What is the significance of the term 'sexual' in sexual offences?

    <p>It is an example of an actus reus element</p> Signup and view all the answers

    What is required for the actus reus of murder to be satisfied?

    <p>D's conduct causing death to a person</p> Signup and view all the answers

    What is the circumstance element in the offence of rape?

    <p>V's lack of consent</p> Signup and view all the answers

    What is the result element of the offence of murder?

    <p>Death</p> Signup and view all the answers

    What is required for causation in fact to be established?

    <p>A logical connection in fact</p> Signup and view all the answers

    What is the distinction between conduct crimes and result crimes?

    <p>Conduct crimes do not require a result element, while result crimes do</p> Signup and view all the answers

    What is the purpose of the rules of causation?

    <p>To limit a finding of causation to conduct that had a substantial effect</p> Signup and view all the answers

    What is the actus reus of conduct crimes?

    <p>D's conduct in certain proscribed circumstances</p> Signup and view all the answers

    What is the consequence of D's omission to act in English Law?

    <p>D is not liable for an offence</p> Signup and view all the answers

    What is required for D's liability in a result crime?

    <p>D's conduct causing a result</p> Signup and view all the answers

    What is the distinction between D's movement and D's omission to move?

    <p>D's movement is an act, while D's omission to move is an omission</p> Signup and view all the answers

    What is the primary requirement for omission liability to be found in a crime?

    <p>D's offence must be capable of commission by omission</p> Signup and view all the answers

    In what types of offences can an omission be considered a basis for liability?

    <p>Homicide, non-fatal offences, and property offences</p> Signup and view all the answers

    What is the significance of the Gibbins and Proctor case in omission liability?

    <p>It demonstrated that a parent's omission to feed their child can lead to murder liability</p> Signup and view all the answers

    What is a key factor in determining whether an omission satisfies the conduct element of an offence?

    <p>The unreasonable failure to act on a legally recognised duty</p> Signup and view all the answers

    In what type of offence is a duty to act specifically drafted to allow for omission liability?

    <p>Road traffic offences</p> Signup and view all the answers

    What is the significance of the Pittwood case in omission liability?

    <p>It demonstrated that a contractual duty to act can be a basis for omission liability</p> Signup and view all the answers

    Which of the following is NOT a type of duty to act recognised in criminal law?

    <p>Moral duties</p> Signup and view all the answers

    What is the consequence of D's omission in the Hood case?

    <p>V's death resulted from D's omission to summon help</p> Signup and view all the answers

    What is the requirement for D's omission to satisfy the conduct element of an offence?

    <p>All of the above requirements must be met</p> Signup and view all the answers

    What is the significance of the Dytham case in omission liability?

    <p>It demonstrated that a public official's omission to act can lead to misconduct in public office</p> Signup and view all the answers

    What is the main focus of the 'dishonesty' element in theft and fraud offences?

    <p>D's state of mind</p> Signup and view all the answers

    What is the conduct element of the actus reus concerned with?

    <p>The physical movement of D's body</p> Signup and view all the answers

    Which of the following is an exception to the requirement of positive movement in criminal offences?

    <p>All of the above</p> Signup and view all the answers

    What are the three ingredients required for liability based on an omission?

    <p>Recognised offence, duty to act, and breach of duty</p> Signup and view all the answers

    What is the circumstance element of the actus reus concerned with?

    <p>The surrounding facts that are not performed by D</p> Signup and view all the answers

    Which of the following is an example of a state of affairs offence?

    <p>Being a member of a terrorist organisation</p> Signup and view all the answers

    What should you always begin by identifying when assessing potential liability within a problem question?

    <p>The conduct element of the actus reus</p> Signup and view all the answers

    What is the requirement for liability based on an omission?

    <p>A recognised offence, a duty to act, and a breach of duty</p> Signup and view all the answers

    How can possession be reconciled with the language of acts or omissions?

    <p>D acted to gain possession and then omitted to dispense of the item</p> Signup and view all the answers

    What is the main difference between the conduct element and the circumstance element of the actus reus?

    <p>The conduct element focuses on the physical movement of D's body, while the circumstance element focuses on the surrounding facts</p> Signup and view all the answers

    What is the primary purpose of the test for legal causation?

    <p>To establish fairness in blaming D for the result</p> Signup and view all the answers

    What is the least controversial principle of legal causation?

    <p>Legal cause must be substantial</p> Signup and view all the answers

    What is the term used to describe the breaks in the chain of causation between D's conduct and the result?

    <p>Novus Actus Interveniens</p> Signup and view all the answers

    When will a natural event break the chain of causation between D's conduct and the result?

    <p>When the event is unforeseen by D and unforeseeable to the reasonable person</p> Signup and view all the answers

    What is the key factor in determining whether V's acts break the chain of causation between D's conduct and the result?

    <p>The foreseeability of V's acts</p> Signup and view all the answers

    What is the term used to describe D's conduct that makes a minimal contribution to the result?

    <p>De Minimis</p> Signup and view all the answers

    When will D's subsequent conduct break the chain of causation between her initial conduct and the result?

    <p>When D's subsequent conduct is rare</p> Signup and view all the answers

    What is the relationship between D's conduct and the result in terms of blameworthiness?

    <p>D's conduct must be substantial and blameworthy</p> Signup and view all the answers

    What is the purpose of establishing the chain of causation between D's conduct and the result?

    <p>To target wrongful or blameworthy conduct</p> Signup and view all the answers

    What is the term used to describe the contribution of D's conduct to the result when it is not the main cause?

    <p>Substantial Contribution</p> Signup and view all the answers

    In the case where X administered a drug to V, who was intolerant to it, what was the outcome of the appeal in the Court of Criminal Appeal?

    <p>D's conviction was quashed</p> Signup and view all the answers

    What was the outcome of the House of Lords decision in the Empress Car Co Ltd case?

    <p>D was found guilty of pollution offences</p> Signup and view all the answers

    Why did the Court of Criminal Appeal quash D's conviction in the case where X administered a drug to V?

    <p>Because X's acts broke the chain of causation</p> Signup and view all the answers

    In the Empress Car Co Ltd case, what was the foreseeable danger that D failed to prevent?

    <p>Someone would release oil into the river</p> Signup and view all the answers

    What is the significance of the Empress Car Co Ltd case in the context of causation?

    <p>It is isolated to pollution cases alone</p> Signup and view all the answers

    What was the role of X in the case where X administered a drug to V?

    <p>A doctor who treated V</p> Signup and view all the answers

    What is the key factor in determining the legal cause of death in a situation where V's response to D's actions is unforeseeable?

    <p>The foreseeability of V's response</p> Signup and view all the answers

    In the case of Roberts (1972), what was D charged with?

    <p>Assault occasioning actual bodily harm</p> Signup and view all the answers

    What is the principle that requires D to 'take the victim as he finds him'?

    <p>Vulnerabilities</p> Signup and view all the answers

    In the case of Blaue, why did V refuse a blood transfusion?

    <p>On religious grounds as a Jehovah's Witness</p> Signup and view all the answers

    What is the requirement for X's acts to break the chain of causation between D and the result element?

    <p>X's acts must be unforeseen and voluntary</p> Signup and view all the answers

    What is the significance of the case of Kennedy (No 2)?

    <p>It established the principle that D's acts can be broken by V's informed acts</p> Signup and view all the answers

    In the case of Wallace, what was the outcome of the appeal?

    <p>A retrial was ordered</p> Signup and view all the answers

    What is the key factor in determining whether X's acts break the chain of causation?

    <p>The voluntariness of X's acts</p> Signup and view all the answers

    What is the significance of the case of Jordan (1956)?

    <p>It established the principle of intervention by third parties</p> Signup and view all the answers

    What is the requirement for D's liability in a result crime?

    <p>D must have both actus reus and mens rea</p> Signup and view all the answers

    In what circumstances will a duty to act arise based on an assumption of care?

    <p>When D has voluntarily undertaken to care for V</p> Signup and view all the answers

    What is required for D to commit a result crime by omission?

    <p>A duty to act and a breach of that duty, and the causation rules must be applied</p> Signup and view all the answers

    What is the 'doctrine of supervening fault' related to?

    <p>Duties to act based on endangerment</p> Signup and view all the answers

    What is the key difference between acts and omissions in terms of the conduct element?

    <p>Acts require a physical movement, while omissions require a breach of a duty</p> Signup and view all the answers

    In what case did the court hold that D was guilty of gross negligence manslaughter due to breach of familial duty?

    <p>Nicholls 1874</p> Signup and view all the answers

    What is the purpose of the two-stage test for causation?

    <p>To determine if D's conduct was a substantial and operating cause</p> Signup and view all the answers

    What is the 'but for' test used for in causation?

    <p>To determine if D's conduct was a factual cause of the result</p> Signup and view all the answers

    What is the key difference between the duty to act in Instan 1893 and Nicholls 1874?

    <p>The explicit or implicit nature of the promise of care</p> Signup and view all the answers

    What is the significance of the case of Miller 1983?

    <p>It established the doctrine of supervening fault</p> Signup and view all the answers

    Why did D's liability for murder fail in the case of White (1910)?

    <p>Because D's conduct was not a factual cause of the result</p> Signup and view all the answers

    What is the impact of Evans 2009 on the duty to act based on endangerment?

    <p>It extended the duty to include cases where D only contributed to the danger</p> Signup and view all the answers

    What is the significance of the distinction between acts and omissions in law?

    <p>It determines the type of conduct element required</p> Signup and view all the answers

    What is the purpose of the legal principles of causation?

    <p>To assist juries in understanding causation</p> Signup and view all the answers

    What is the focus of the breach of duty to act?

    <p>What D failed to do to prevent the harm</p> Signup and view all the answers

    What is the key requirement for D's omission to constitute the conduct element of an offence?

    <p>That D had a recognised duty to act</p> Signup and view all the answers

    What is required for D to be liable for a result crime?

    <p>A conduct element and a result element, and a casual link between the two</p> Signup and view all the answers

    What is the thinking point when assessing causation in omissions?

    <p>What would have happened if D had acted in line with her duty</p> Signup and view all the answers

    What is the significance of causation by omission in result crimes?

    <p>It links the conduct element to the result element</p> Signup and view all the answers

    What is the significance of considering both act and omission alternatives in a problem question?

    <p>It allows for a more comprehensive analysis of the conduct element</p> Signup and view all the answers

    In what type of offence is the question of whether D's omission is accompanied by the required mens rea and circumstances crucial?

    <p>Conduct crimes</p> Signup and view all the answers

    Study Notes

    Actus Reus

    • Refers to the external elements of an offence, excluding those related to the fault (men rea)
    • Includes any offence elements other than those related to the mental fault
    • Example: In an offence of battery by kicking, the actus reus involves the kick (conduct), the person being kicked (circumstance), and making contact with that person (result)

    Separating Actus Reus and Mens Rea

    • Analyse statutory or common law offences to separate external requirements from those concerned with mental fault
    • Examples of terms that can be separated into actus reus and mens rea elements: 'sexual', 'dishonesty'

    Conduct, Circumstances, and Results

    • Conduct: the physical movement of D's body, focusing on the external movement
    • Circumstances: surrounding facts that are not performed by D and not caused by D's action
    • Results: the effects of D's conduct required for liability
    • Example: The actus reus requires D to have completed certain acts or omissions (conduct element) to property belonging to another (circumstance element) which cause damage (result element)

    Categories of Offences

    • Conduct Crimes: do not include a result element, complete as soon as D performs certain conduct in certain proscribed circumstances
    • Result Crimes: require a result element, complete when D performs conduct in certain proscribed circumstances, with that conduct causing a certain proscribed result
    • Examples: perjury (conduct crime), murder (result crime)

    Omissions Liability

    • Requires a further ingredient: D's offence must be capable of commission by omission
    • D must have a legally recognised duty to act
    • D must have unreasonably failed to act on that duty
    • Examples: homicide, non-fatal offences against the person, property offences

    Duties to Act

    • Offence-specific duties
    • Contractual duties
    • Familial duties
    • Duties based on an assumption of care
    • Duties created through endangerment
    • Examples: section 170(4) of the Road Traffic Act 1988, Pittwood (1902), Hood (2004)

    Causation

    • Causation in fact: there must be a logical connection in fact
    • Causation in law: legal principles developed to limit a finding of causation to conduct that had a substantial effect, was blameworthy, and was not superseded by subsequent events
    • Both stages of the test must be satisfied for causation to be found### Causation in Criminal Law
    • D scares V on a sofa, V runs out and jumps out of the window, and D is not the legal cause of death (unforeseeable reaction)
    • Identify the tipping point between foreseeable and unforeseeable reactions of V
    • Voluntariness: if the result comes about because of V's free, voluntary, and informed act, the chain of causation is broken
    • Vulnerabilities: D must take the victim as he finds them (e.g., "eggshell skull" rule)

    Intervening Acts

    • Acts of third parties (X) may break the chain of causation
    • Foreseeability: the acts of X must be unforeseen by D and unforeseeable to the reasonable person
    • Voluntariness: the acts of X must be free, voluntary, and informed
    • Status of X: different standards apply depending on the status of X (e.g., doctor, family member)

    Duties to Act

    • Duty to act arises from an explicit or implicit assumption of care (e.g., doctors, caregivers)
    • Duty to act arises from endangerment (e.g., creating a dangerous situation)
    • Examples: Jordan (1956), Nicholls (1874), Instan (1893)

    Breach of Duty to Act

    • D breaches the duty to act by failing to do what is reasonable
    • Examples: Miller (1983), Evans (2009)

    Causation by Omission

    • D's omission fulfills the requirements of the conduct element
    • Where D's offence is a result crime, it must be demonstrated that the result came about because of the omission
    • Causation rules must be applied to establish liability

    Distinguishing Acts and Omissions

    • Uncertainty between acts and omissions can cause problems for the law
    • Courts classify D's conduct as act or omission on a case-by-case basis
    • Consider both options when faced with conduct in a problem question

    Causation

    • Two-stage test: causation in fact and causation in law
    • Causation in fact: did the result come about because of D's conduct?
    • Causation in law: was D's conduct a substantial, blameworthy, and operating cause?

    Causation in Fact

    • Factual causation is the starting point for discussion of causation rules
    • 'But for' test: but for D's conduct, would the result have come about?
    • Example: White (1910)

    Causation in Law

    • The basic test for factual causation is supplemented with a test for legal causation
    • Avoids an overly broad catchment

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    Description

    Test your understanding of Actus Reus, a crucial element of criminal law that refers to the external elements of an offence, including the conduct, circumstances, and result of a crime. This quiz covers the concept of Actus Reus in relation to fault and liability. Learn how to identify and analyze the external elements of an offence.

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