Actus Reus

• What are the general elements of criminal liability?

  Actus reus and mens rea
• What types of non-fatal offences against the person are mentioned?

  Assault, battery, ABH, GBH, GBH with intent
• What are the fatal offences against the person listed?

  Murder, voluntary manslaughter, involuntary manslaughter
• What offences against property are included in the study material?

  Theft, robbery, burglary
• What are the preliminary offences mentioned?

  Preliminary offences
• What types of defences are discussed?

  Insanity, automatism, intoxication, self-defence, consent, duress, necessity
• Who has the burden of proof in criminal cases?

  The prosecution
• What must the prosecution prove regarding the defendant's guilt?

  Guilt beyond all reasonable doubt
• What are the two essential elements of a crime?

  Actus reus and mens rea
• What is the definition of actus reus?

  The guilty act
• What are the three elements that must be proven for actus reus?

  Committed voluntarily, can be an act or omission, must cause the result
• What does it mean for actus reus to be committed voluntarily?

  The defendant must be in control of their actions
• In the case of Saima, did she act voluntarily when she lost control of her car due to a bee sting?

  No, she was not in control of her actions
• In the case of Tony, did he act voluntarily when he lost control of his car due to a bee attack?

  No, he was not in control of his actions
• What is the difference between an act and an omission?

  An act is doing something, while an omission is failing to act when required
• What is an example of a situation where there is a duty to act?

  A contractual duty (R v Pittwood)
• What is the significance of the case R v Gibbins & Proctor?

  It established a parental duty to act
• What does the creation of a dangerous situation by the defendant imply?

  The defendant may have a duty to act to prevent harm
• What does the term "novus actus interveniens" refer to?

  An act that breaks the chain of causation
• What is the "but for" test in factual causation?

  It determines if the victim would have been injured or died without the defendant's conduct
• What does the thin skull principle state?

  The defendant is liable for the more serious injuries if the victim has a pre-existing condition
• What are the key aspects of causation in criminal law?

  • D's conduct must cause the consequence for actus reus
  • Prosecution must prove D's conduct was a cause in fact and law
  • Chain of causation must not be broken by intervening acts
• What are the key points regarding factual causation?

  • "But for" test: Would the victim have been injured or died?
  • Must be a reasonably foreseeable consequence
  • D's conduct does not have to be the sole cause
• What are the key points regarding legal causation?

  • D must make a significant contribution to V's injury
  • D's actions must be an operating and substantial cause
  • Intervening acts can break the chain of causation
• What are the implications of intervening acts in causation?

  • Negligent treatment can break the chain
  • Victim's unreasonable refusal of treatment can break the chain
  • Victim's unreasonable and unforeseeable actions can break the chain
• What are the implications of the thin skull principle in causation?

  • D is liable for more serious injuries due to victim's pre-existing condition
  • Original injury must be reasonably foreseeable
  • D must take the victim as they find them
• What should students do in the recap activity on actus reus?

  Complete the recap questions
• What should students do in pairs during the activity?

  Discuss and answer questions on the case study scenarios