Actus Reas

Question 0

Go through the C in CARS

Answer 0

Conduct and circumstance crimes: a particular conduct under specific circumstances.
E.g. Rape
Penetration=conduct; no consent=circumstance
Morgan v MPP
Wife gang raped but defendants claimed they had her consent.

Question 1

What is Actus Reas?

Answer 1

Latin for guilty act
All aspects of crime other than the mental element
Must be voluntary and physical

Question 2

Explain the A in CARS

Answer 2

Action crimes: crimes that occur at the exact time it is carried out.
E.g. Perjury
Lying under oath
R v Archer 
Case against the star for libel

Question 3

What is the R in CARS?

Answer 3

Result crimes: crimes that bring about particular result, dead body.
E.g. Murder
Gregory v Mott- intentionally stabbed and killed a victim

Question 4

Explain the S in CARS

Answer 4

State of affairs crimes: ‘being’ rather than ‘doing’.
E.g. R v Larsonneur- guilty of ‘being’ a foreign alien, even though she was accidentally in England and it wasn’t voluntary;
R v Winzar- guilty of ‘being’ in the wrong place at the wrong time. Police officers forced him to get out of car and onto the highway- not voluntary.

Question 5

What’s the last bit you have to mention as art of AR but it could also appear as a topic on its own?

Answer 5

Omissions: arise through:-

Contractual responsibility- R v Pitwood