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Actus Reus (A Guilty Act) - Coggle Diagram
Actus Reus (A Guilty Act)
Element 1: An act
Each Actus Reas is different
Usually an act, but not always
In order for the prosecutor to prove guilty, must prove each element of the defendant
Must be done voluntarily, Must be in control of themselves, if not then they are not guilty.
Hill V Baxte (1958), Said he couldn't remember anything before crashing into the sign
Example; A swarm of bees drives into your car and you crash into another car
Evil Thoughts
Although people might have the Mens Rea (Motive), as long as they don't Actus Reus (Act upon motive) they they won't be
Element 1: Omissions (not doing an act)
General Rule: No liability for an omission to act
Example: James Stephen sees a man drowning and is able to save him, but does not do so.
Basically, there is no punishment for not acting to save someone when you could have
Exceptions to the Rule
Statutory Duty
Child and young person act 1933, offense for a person to willfully neglect a child
E.g. Sheppard (1981), Child starve and froze to death. Convicted of causing cruelty to the child by neglect
Voluntary Assumption of Responsibility
A duty to act when defendant voluntarily taken responsibility for another person e.g. elderly care service, baby sitting
Cade Instant, 1893. Lived with 73 old aunt and became bedridden. Kate failed to feed her aunt, but still lived in the aunts house. Convicted on the basis that she would take care of her aunt.
Stone and Dobinson, Stone's sister suffered from Anorexia, she eventually died to having no aid, despite the families attempts to seek aid, the judge said it was insufficient.
Special Relationship
To act when there is a special relationship between the people involved e.g. parents and child, doctor and patient
Gibbons and Proctor (1918), Lived with 7 year old daughter but neglected to feed, Gibbon provided money to Proctor to feed the daughter. Gibbon, had a relation with the daughter and owned her a duty to care. Proctor voluntarily assumed responsibility by taking money and buying food.
Contractual or public duty
Contractually or a public duty to save someone
Contractual example; being a lifeguard and not attempting to save people from drowning
Public Duty Example, Dytham (1979). Defendant was a police who as on duty and saw a person being beaten to death by a bodyguard from the club, and did nothing.
Duty to advert danged created (AKA Miller Principle)
Where defendant doesn't act which creates a risk of injury/damage to property and defendant becomes AWARE of this, the law imposes a duty to advert or minimize the danger
Miller (1983), Lit a cig and fell asleep, when he woke up due to his mattress being on fire, he went next door to sleep. The fire spread causing 700 pounds of damage and was convicted of arson
Element 2: Consequences
Prosecutor must prove the defendant cause the death of the victim, there must be a chain of causation and be the factual (only) cause of the death.
Must Prove there is no
Novus actus
(No intervening evidence) that could prove otherwise
Chain of Causation
If act was voluntary the the defendant is guilty
Else it was a involuntary act and the defendant can't be held accountable
Legal Causation
Acts as common sense filter
E.g. Son would not have killed mother if he wasn't born
Case Study Kimsey (1996)
1.De Minimus Principle Law; disregards negligible causes
Find if the defendant had the Mens rea and actus rea
The Juries job to decide whether the court can justify putting the blame on the defendant
Defendant is the legal cause unless there is a Novus Actus Intervenien
Thin Skull Rule
; You must take your victim as you find them
If victim had already had an injury, it doesn't brake the link of causation
Example; Blaue (1975) Women was pierced in lung and would die if she didn't have a transfusion, due to religion she refused and died, defendant was convicted of manslaughter
Escape cases - unforeseeable
Robert(1971), 2 men made a advance on a women while driving her home from a party, a man said she would beat her up if she refused the advance, as a result she jumped out of the car and injured herself
While the men didn't inflict those injuries, as a result of their words and actions, it had lead the women to inflict the injuries with the cause being the 2 men. They were found guilty
Distinguishes cases that are foreseeable and involuntary and unforeseeable and voluntary
Third Party; If the third party breaks the Novus actus, the defendant is absolved of liability
Pagett (1983) Defendant and Pagett took her girlfriend as a shield to protect them from the police, police fired in self-protect and girlfriend died
Court said the police shot was a involuntary act in self-defense and wouldn't have happened if Pagett shot them first
Negligent medical treatment
While the negligence of the medical doctor might have been a medium for a persons death, it does not remove the defendants liability for the cause. Unless the negligence was independently impacted the situation to the extent where it could be considered the major cause
Natural Cause
If defendant left a person on the beach with high tide coming, then they are liable. But if they left a person at the park and the person died of a lightning strike then they are not guilty because it was not foreseeable
Factual Causation
Must be the only possible cause of death
White (1910) Son tried to kill mother with cyanide, needed Actus Rea to be established, but mother died of a heart attack so the factual causation could not be proven as there were other means which the mother could have died
Element 3: Surrounding Circumstances (AKA State of Affairs, crimes)
Defendant will be prove guilty if a set of circumstances exist
Example: Being in charge of a motor vehicle while drunk
Example: Illegal to have an offensive weapon in a public place
Laresenneur (1933); Women French citizen was deported to the UK, went to Ireland, arrested as a illegal immigrant, and was sent back to UK to be arrested for being illegally in the country,