Actus Reus, Causation & Omissions

Who has the burden of proof in a criminal case?

• The prosecution
• The defence

What is the standard of proof in a criminal case?

• The balance of probabilities
• Beyond reasonable doubt
• More likely than not
• Of course he did it!

Which 2 elements do we require for criminal liability?

• Victim and prosecutor
• Crime and defence
• Actus reus and mens rea
• Actus rea and Mens reus

Actus reus refers to:

• The guilty act and physical elements of the offence
• Guilty mind and mental elements of the offence
• Guilty actions and wrongful conduct
• Elements of a crime

Which case illustrates the common law omission of creating a dangerous situation and failing to rectify it?

• Pittwood
• R v Miller
• R v Stone & Dobinson 
• Airedale NHS Trust v Bland

What is an omission?

• NOT doing something you ought to do
• A positive act
• Agreeing to do something
• Failing to comply with the law

Which of the following is NOT a way that a legal duty arises, giving rise to liability for omissions?

• By statute
• Assuming public office
• Undertaking an "acquired duty"
• Good Samaritan law

What is the test for factual causation?

• "But for" test
• Eggshell skull rule
• Novus Actus Interveniens
• D failed to do something

What is one test for legal causation?

• Free, deliberate & informed act
• "But for" test
• The outcome D should be considered responsible for - "more than minimal" cause
• Beyond reasonable doubt

What is a novus actus?

• Intervening act
• The standard of proof
• Strict liability
• A Good Samaritan