Actus Reus Flashcards
1
Q
What is actus reus?
A
It’s the physical element or the prohibited conduct or a crime.
It can be a act, failure to act (ommission) or a ‘state of affairs’
2
Q
Example of a ‘state of affairs’
A
Being in possession of a controlled drug (s5 of the misuse drugs Act 1971) doesn’t matter if D is not going to use.
Being in possession is sufficient for the actus reus.
3
Q
What law does Hill v Baxter state
A
If D has no control over their actions then they have not committed the actus reus
4
Q
What case represents transferred malice
A
R v Mitchell - involuntary act where D hits another because of a reflex action
5
Q
What is involuntariness
A
Following R v Larsonneur D can be convicted even though they did not act
