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

What is the circumstance element in the offence of rape?

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

What is the result element of the offence of murder?

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

What is required for causation in fact to be established?

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

What is the actus reus of conduct crimes?

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

What is the least controversial principle of legal causation?

<p>Legal cause must be substantial (A)</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 (D)</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 (C)</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 (D)</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 (C)</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 (D)</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 (A)</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 (C)</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 (B)</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 (B)</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 (B)</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 (C)</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 (A)</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 (D)</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 (D)</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 (C)</p> Signup and view all the answers

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

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

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

<p>Vulnerabilities (D)</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 (D)</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 (B)</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 (D)</p> Signup and view all the answers

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

<p>A retrial was ordered (C)</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 (B)</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 (C)</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 (C)</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 (A)</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 (C)</p> Signup and view all the answers

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

<p>Duties to act based on endangerment (C)</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 (A)</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 (D)</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 (B)</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 (A)</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 (D)</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 (A)</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 (B)</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 (B)</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 (C)</p> Signup and view all the answers

What is the purpose of the legal principles of causation?

<p>To assist juries in understanding causation (A)</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 (B)</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 (C)</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 (A)</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 (B)</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 (D)</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 (B)</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 (A)</p> Signup and view all the answers

Flashcards

Actus Reus

The external elements of a crime, excluding mental fault (mens rea).

Mens Rea

The mental state of the defendant when committing the crime. It includes intention, recklessness, and negligence.

Separating Actus Reus and Mens Rea

Separating the physical acts from the mental state involved in a crime.

Conduct (Actus Reus)

The physical movement of the defendant's body, focusing on external movement.

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Circumstances (Actus Reus)

Surrounding facts that are not performed or caused by the defendant's actions.

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Results (Actus Reus)

The effects or consequences of the defendant's conduct required for legal liability.

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Conduct Crimes

Crimes that are complete as soon as the defendant performs certain conduct in certain circumstances, without a specific outcome.

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Result Crimes

Crimes that require a specific outcome or result in addition to conduct and circumstances.

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Omissions Liability

Liability for a crime that arises from the defendant's failure to act when they have a legal duty to do so.

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Duties to Act

A legal obligation to act in a certain way, often established by law, contract, or relationship.

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Causation

The causal connection between the defendant's conduct and the resulting harm.

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Causation in Fact

The logical connection in fact between the defendant's conduct and the resulting harm.

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Causation in Law

Legal principles that determine whether the defendant's conduct was a substantial, blameworthy, and operating cause of the harm.

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Voluntariness (Causation)

The free, voluntary, and informed act of the victim that breaks the causal chain between the defendant's actions and the harm.

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Vulnerabilities (Causation)

The defendant must take the victim as they are, even if they have vulnerabilities or pre-existing conditions.

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Intervening Acts

Acts of third parties that may break the chain of causation between the defendant's actions and the harm.

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Foreseeability (Intervening Acts)

The act of a third party must be unforeseeable to the defendant and the reasonable person to break the chain of causation.

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Voluntariness (Intervening Acts)

Third party actions must be free, voluntary, and informed to break the chain of causation.

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Status of Third Party (Intervening Acts)

Different rules apply to the acts of third parties depending on their status, such as a doctor or family member.

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Duty to Act: Assumption of Care

A duty to act may arise when someone explicitly or implicitly assumes care of another, such as doctors or caregivers.

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Duty to Act: Endangerment

A duty to act may arise when someone creates a dangerous situation, even if they didn't intend to cause harm.

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Breach of Duty to Act

The defendant breaches their duty to act by failing to do what is reasonably expected of them in the circumstances.

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Causation by Omission

Causation by omission occurs when the defendant's failure to act fulfills the requirements of the crime.

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Distinguishing Acts and Omissions

Distinguishing between acts and omissions can be difficult, and courts often make case-by-case decisions on how to categorize the defendant's conduct.

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Causation in Fact: 'But For' Test

The 'but for' test is a basic test for factual causation to determine if the harm would have occurred without the defendant's conduct.

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Causation in Law

The legal causation test goes beyond factual causation to ensure that the defendant's conduct was a substantial, blameworthy, and operating cause of the harm.

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Purpose of Legal Causation

Legal causation rules help avoid overly broad application of liability, ensuring that only those who have a direct and significant cause of the harm are held responsible.

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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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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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