1.2 Actus Rea

Question 1

What must a person show to commit an offence?

Answer 1

Acted in a particular way

Or

Failed to act in a particular way

Or

Brought about a state of affairs

And

The conduct was voluntary and still had the requisite men’s rea

Question 2

What is Voluntary?

Answer 2

The act of free will

Question 3

The defence of automatism is?

Answer 3

A defence build on reflexive actions as the are not considered to be voluntary

Question 4

What defences are linked to Voluntary Act?

Answer 4

Automatism defence

The UNEXPECTED ONSET of a sudden physical impairment - if this could reasonably be foreseen then it doesn’t act as a defence

Question 5

How does Actus Rea and Men’s Rea coincide?

Answer 5

There is no need for Mens Rea to remain unchanged throughout the entire commission of the offence

If the Actus Rea is a continuing act, it may begin with no Mens Rea (think appropriation).

The offence is committed once both aspects unite

Question 6

How can omission cause liability to be imposed?

Answer 6

There is no liability for a failure to act unless the law specifically imposed such DUTY on a person

Question 7

In terms of Ommisions, what does DUTY stand for?

Answer 7

D- Dangerous situation created by the defendant
U- Under statute, contract or persons public office
T- Taken it upon him/herself
Y- Young person

Question 8

Explain the D in DUTY?

Answer 8

Where a defendant doesn’t act to prevent an dangerous situation from escalating when they created the situations

Eg- Falling asleep whilst smoking, waking up realising and doing nothing about it

Question 9

Explain the 3 parts to U in DUTY?

Answer 9

Statute- Failing to do something which you have to do by law (breathalysed)

Contract- Failing to do something that you have to do as part of your contract which leads to an incident (Shutting level crossings)

Public Office- Failing to carry out their duty. Police allowing an offence to take place without taking steps to prevent further harm

Question 10

Explain the T in DUTY?

Answer 10

If a defendant has voluntarily taken it upon themselves to take care of another and then neglects to do so then they shall be guilty of an offence

Question 11

Explain the Y in duty?

Answer 11

If the defendant is in a parental relationship with a child and they do not look after the welfare and health of that child then they will be guilty of an offence.

Question 12

Other than duty what else must be proven in cases of omission?

Answer 12

The person has voluntarily omitted to act as required or they have not done enough to discharge that duty.

Question 13

How can the inability to act become a defence for ommission?

Answer 13

Are they being stopped?
What are their capabilities?

If they are forcibly stopped or an incapable then Actus Rea will not be carried out

Question 14

Explain the Chain of Causation?

Answer 14

Once Actus Rea has been proved then yoh must show a causal link between the act and the relevant consequences.

The consequences must be a result of the defendants actions/ ommisions

Question 15

What breaks the casual link?

Answer 15

An intervening act that is free deliberate and informed

Question 16

What doesn’t constitutes an intervening act?

Answer 16

Victims actions where any reasonable person in that position would act in that way.

Where medical treatment fails without the injury showing signs of healing

Preexisting conditions of the victim even if unknown

Routine hazards

Question 17

What is a principle offender?

Answer 17

Is one whose conduct has met all requirements of the particular offence

Question 18

What is an accessory?

Answer 18

Is someone who helped in/ brought about the commission of the offence

Question 19

What must an accessory do to be treated as a principle at court?

Answer 19

An accessory must aid,abet,counsel or procures the commission of the offence

Question 20

What does aiding mean?

Answer 20

Helping, supporting or assisting the principle

Question 21

What does abetting mean?

Answer 21

Inviting, instigating or encouraging

Question 22

What does counselling mean?

Answer 22

Advising it instructing

Question 23

What does procuring mean?

Answer 23

Bringing about

Question 24

What must be proven to prosecute accessories

Answer 24

They completed an act whilst contemplating the commission of an offence by the principle

Which assisted the later commission of an offence

That they did deliberately realising it was capable of assisting an offence

And that they intended to assist the principle

Question 25

Does counselling and procuring need to have a casual link?

Answer 25

Counselling - NO

Procuring - YES

Question 26

Can an accessory but prosecuted without the principle being identified?

Answer 26

Yes

Question 27

Who cannot be an accessory?

Answer 27

A person whom the law is intended to protect…

Eg. A 15 year old who has sex with a 30 year old cannot be prosecuted as an accessory for allowing it to take place

Question 28

How can an accessory avoid liability?

Answer 28

By acting in a way that amounts to the countermanding of any earlier assistance

Question 29

Where is the minimum state of mind set out?

Answer 29

In Johnson V Youren 1950

Question 30

Where does Joint Enterprise exist?

Answer 30

Where two or more people embark on the commission of an offence by one or all of them

THEY HAVE A COMMON GOAL

Question 31

What is PARASITIC ACCESSORY LIABILITY?

Answer 31

It is a narrow area of secondary responsibility which occurred when one party goes beyond that which was agreed/ contemplated by those involved

Question 32

Can companies commit offences

Answer 32

Yes companies which are legally incorporated have a legal personality of their own so they can commit offences.

They cannot always be the principle offender but can often be an accessory

Question 33

When can liability be vicariously passed to another?

Answer 33

The most frequent occasions are cases where a statutory duty is breached by employers in the course of their employment or where a duty is placed upon a particular individual such as a license whoo delegates some of his functions to another.