Actus reus Flashcards
What does actus reus usually relate to?
What the defendant is doing, and that conduct must cause a consequence
How must the defendant be acting in order for the actus reus to be applicable?
Acting voluntarily
Key case for acting voluntarily?
In Hill v Baxter Obiter dicta - swarm of bees
What does Omission mean?
Failure to act
Does a failure to act amount to an actus reus?
No
What are the few exceptions where there is a duty to act? (6)
Statutory duty
Special relationship - R v Gibbons and Proctor
Duty arising from assumption of care for another - R v Stone and Dobinson
Contract of employment - r v pittwood
Official position R v Dytham
Avert danger of one’s own making R v Miller
R v Gibbons and Proctor
Parents starved child through omission. Liable, duty of care
R v Stone and Dobinson
Agreed to care for someone and they didn’t, Liable - duty of care
R v Miller
Fell asleep with lit cigarette, failed to put out fire. Duty of care for danger of ones own making
R v Dytham
Police officer watched bouncer kick man to death. Duty arising from official position
R v Pittwood
Left railway crossing up. Someone died. Duty arising from contract
What are state of affairs crimes?
Committing an offence by being rather than doing
Example of state of affairs crime?
Offensive weapon in public place
What is the extra factor involved when a consequence is not directly caused by the defendant’s action?
The rules of causation
What must the prosecution show when a consequence must be proved?
The defendants conduct was;
The factual cause of the consequence, and
The legal cause of the consequence
