Flash

• What does actus reus refer to in law?

  Physical element of a crime
• When does a failure to act constitute actus reus?

  When there is a legal duty to act
• What is the statutory duty under the Road Traffic Act 1988?

  s170 Road Traffic Act 1988
• Which case established the special relationship duty to act?

  R v Gibbons and Proctor (1918)
• What case involved the assumption of care as a duty to act?

  R v Stone and Dobinson (1977)
• Which case established the contractual duty to act?

  R v Pitwood (1902)
• What case established the duty to act due to official position?

  R v Dytham (1979)
• What case established the duty to act when creating danger?

  R v Miller (1983)
• What are the strengths and weaknesses of the actus reus omissions rule?

  Strengths:

  • Protects vulnerable individuals
  • Ensures accountability in specific roles

  
  

  Weaknesses:

  • Creates moral dilemmas
  • Inconsistent application (Stone and Dobinson)
• What are the reform suggestions for actus reus omissions?

  • Clear statutory guidelines for assumed responsibilities
• What is the factual cause in causation?

  ‘But for’ the defendant’s actions
• Which case illustrates the factual cause test?

  R v White (1910)
• What is the de minimis rule in legal causation?

  Contribution must be more than minimal
• Which case established the de minimis rule?

  R v Kimsey (1993)
• What is the thin skull rule in causation?

  Defendant takes the victim as they are
• Which case illustrates the thin skull rule?

  R v Blaue (1975)
• What are intervening acts in causation?

  Events that may break the chain of causation
• Which case involves third-party acts as intervening acts?

  R v Cheshire (1991)
• Which case involves the victim's own act as an intervening act?

  R v Roberts (1972)
• What is required for a natural unpredictable event to break the chain of causation?

  Must be unforeseeable and extraordinary
• What are the strengths and weaknesses of the causation rules?

  Strengths:

  • Prevents unfair blame shifting
  • Ensures defendants are accountable

  
  

  Weaknesses:

  • Jury interpretations can be inconsistent
  • Harsh application of the Thin Skull Rule
• What are the reform suggestions for causation rules?

  • Introduce statutory clarity on intervening acts
• What is required for a voluntary act in criminal liability?

  Actions must be voluntary
• Which case illustrates the requirement for a voluntary act?

  Hill v Baxter (1958)
• What are state of affairs offences?

  Liability based on a state of being
• Which case illustrates state of affairs offences?

  R v Larsonneur (1933)
• What is an example of a state of affairs offence?

  Possession of Offensive Weapons
• What are the strengths and weaknesses of state of affairs offences?

  Strengths:

  • Simplifies prosecution for certain offenses

  
  

  Weaknesses:

  • Can criminalize morally blameless individuals
• What are the reform suggestions for state of affairs offences?

  • Refine definitions to ensure fairness
• What is direct intention in mens rea?

  Defendant aims to bring about the consequence
• Which case illustrates direct intention?

  R v Mohan (1976)
• What is oblique intention in mens rea?

  Consequence is virtually certain
• Which case illustrates oblique intention?

  R v Woollin (1998)
• What case clarified the virtual certainty test?

  R v Matthews and Alleyne (2003)
• What are the strengths and weaknesses of intention in mens rea?

  Strengths:

  • Provides clarity in serious offenses

  
  

  Weaknesses:

  • Jury discretion can lead to inconsistent decisions
• What are the reform suggestions for intention in mens rea?

  • Introduce statutory definitions for better clarity
• What is subjective recklessness in mens rea?

  Defendant realizes there is a risk
• Which case illustrates subjective recklessness?

  R v Cunningham (1957)
• What are the strengths and weaknesses of subjective recklessness?

  Strengths:

  • Accounts for defendant’s awareness of risk

  
  

  Weaknesses:

  • Difficult to prove mental state
• What are the reform suggestions for subjective recklessness?

  • Clarify recklessness in statutory law