1.2 Actus Rea Flashcards
What must a person show to commit an offence?
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
What is Voluntary?
The act of free will
The defence of automatism is?
A defence build on reflexive actions as the are not considered to be voluntary
What defences are linked to Voluntary Act?
Automatism defence
The UNEXPECTED ONSET of a sudden physical impairment - if this could reasonably be foreseen then it doesn’t act as a defence
How does Actus Rea and Men’s Rea coincide?
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
How can omission cause liability to be imposed?
There is no liability for a failure to act unless the law specifically imposed such DUTY on a person
In terms of Ommisions, what does DUTY stand for?
D- Dangerous situation created by the defendant
U- Under statute, contract or persons public office
T- Taken it upon him/herself
Y- Young person
Explain the D in DUTY?
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
Explain the 3 parts to U in DUTY?
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
Explain the T in DUTY?
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
Explain the Y in duty?
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.
Other than duty what else must be proven in cases of omission?
The person has voluntarily omitted to act as required or they have not done enough to discharge that duty.
How can the inability to act become a defence for ommission?
Are they being stopped?
What are their capabilities?
If they are forcibly stopped or an incapable then Actus Rea will not be carried out
Explain the Chain of Causation?
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
What breaks the casual link?
An intervening act that is free deliberate and informed
What doesn’t constitutes an intervening act?
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
What is a principle offender?
Is one whose conduct has met all requirements of the particular offence
What is an accessory?
Is someone who helped in/ brought about the commission of the offence
What must an accessory do to be treated as a principle at court?
An accessory must aid,abet,counsel or procures the commission of the offence
What does aiding mean?
Helping, supporting or assisting the principle
What does abetting mean?
Inviting, instigating or encouraging
What does counselling mean?
Advising it instructing
What does procuring mean?
Bringing about
What must be proven to prosecute accessories
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
Does counselling and procuring need to have a casual link?
Counselling - NO
Procuring - YES
Can an accessory but prosecuted without the principle being identified?
Yes
Who cannot be an accessory?
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
How can an accessory avoid liability?
By acting in a way that amounts to the countermanding of any earlier assistance
Where is the minimum state of mind set out?
In Johnson V Youren 1950
Where does Joint Enterprise exist?
Where two or more people embark on the commission of an offence by one or all of them
THEY HAVE A COMMON GOAL
What is PARASITIC ACCESSORY LIABILITY?
It is a narrow area of secondary responsibility which occurred when one party goes beyond that which was agreed/ contemplated by those involved
Can companies commit offences
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
When can liability be vicariously passed to another?
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.
