2- Actus Reus Flashcards
What does Actus reus Mean?
All elements of the crime other than the state of mind of the Defendant. In particular it may consist of conduct, result, state of affairs or omissions
What is conduct?
- Perjury- lying under oath
2. Theft – the appropriation of property belonging to another
What is result crimes?
Where the actions themselves are not criminal, but the result of the action may be eg:
Throwing a stone
Punching
Examples of result crimes.
Assault, ABH, GBH, murder, criminal damage
What is state of affairs?
‘Being’ rather than ‘doing’ crimes.
Examples of state of crime.
Being drunk in charge of a vehicle – Duck v Peacock 1949
Being an illegal alien – R v Larsonneur 1933
What is omissions?
The general rule is that there is no liability for a failure to act.
This rule is subject to exceptions.