Actus Reus Part 2: Results and Causation

Flashcards covering Actus Reus Part 2: Results and Causation, including factual and legal causation, intervening acts, and relevant case law.

Actus Reus

The physical element of a crime that must be proven beyond a reasonable doubt.

Actus Reus Part 1

Focuses on conduct, results, and circumstances, including acts, omissions, and liability.

Actus Reus Part 2

Deals with results and causation, specifically factual and legal causation.

Causation

How we connect the defendant to the result; conceptualized on factual and legal levels.

Factual Causation

The physical chain of events between the defendant's actions and the specified result.

Legal Causation

Establishes where responsibility or liability rests; cannot exist without factual causation.

Requirements for Legal Cause

D's conduct must be a substantial, blameworthy and operative cause of the result.

Novus Actus Interveniens

A new act that intervenes and breaks the chain of causation between the defendant's conduct and the result.

Free, Deliberate, and Informed Intervention

An intervening act which is free, deliberate, and informed to relieve the first actor of criminal responsibility.

'But For' Test

If it weren't for the defendant's conduct, would the consequence have occurred?

Chain of Causation

Even if the chain of factual causation is established, the chain of legal causation considers whether or not there was any interventions.

Intervening Act

An event or act that breaks the chain of causation, relieving the defendant of liability.

'Egg Shell Skull' Rule

The principle that an offender is liable for all consequences resulting from their actions, even if the victim has a pre-existing vulnerability.

Ways the Chain of Causation Breaks

Intervention from the defendant, natural events, the victim, or a third party.

Foreseeability

Foreseeable events generally do not break the chain of causation.

Voluntariness

Voluntary events generally break the chain of causation.

Status of Third Party

If the third party holds a duty, their actions are less likely to break the chain

R v Benge (1846)

Established factual causation when railway foreman took up the track.

R v Blaue [1975]

The victim refused a blood transfusion; defendant still legally caused death.

R v Jordan [1956]

Treatment was ‘palpably wrong’

R v Michael (1840)

Held that intervening act must be ‘free, deliberate, and informed’

R v Dalloway (1847)

The defendant abandoned holding the reins to his cart.

Mens Rea

The mental element of a crime.